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HomeMy WebLinkAboutJanuary 19, 2015 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, January 19, 2015 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. Council Meeting Agenda Monday, January 19, 2015 Council Chambers 7:00pm 6:30 pm In Camera Council Meeting I) Invocation Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. II) Disclosure of Interest Ill) IV) V) VI) VII) Adoption of Minutes In Camera Council Meeting Minutes, December 15, 2014 Under Separate Cover Council Meeting Minutes, December 15, 2014 1-21 Joint Planning & Development and Executive Committee Minutes, 22-26 January 12, 2015 Presentations Delegations 27 Correspondence 28-42 Corr. 01-15 Corr. 02-15 Corr. 03-15 Corr. 04-15 Corr. 05-15 Committee Reports 43-45 Report 2015-01 of the Joint Planning & Development and Executive Committee VIII) Reports-New and Unfinished Business 46-70 Accessible •-- PICKE~G For information related to accessibility requirements please contact Linda Roberts Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: lroberts@oickerino.ca IX) Motions and Notice of Motions X) By-laws 71-101 XI) Confidential Council -Public Report 102 XII) Other Business XIII) Confirmation By-law XIV) Adjournment For Information Only • Minutes of the Pickering Museum Village Advisory Committee, September 23 & November 26, 2014 • Minutes of the Committee of Adjustment, November 26, 2014 Present: Mayor Ryan Councillors: K. Ashe I. Cumming R. Johnson B. Mclean J. O'Connell D. Pickles Also Present: -Chief Administrative Officer Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers T. Prevedel P. Bigioni M. Carpino J. Hagg -Director, Corporate Services & City Solicitor R. Holborn T. Melymuk S. Karwowski D. Shields C. Rose J. Brooks N. Surti L. Roberts (I) Invocation -Director, Culture & Recreation -Fire Chief -Director, Engineering & Public Works -Director, City Development -Division Head, Finance & Treasurer -City Clerk -Chief Planner -Manager, Policy & Geomatics -Manager, Development Review & Urban Design -Committee Coordinator Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) Disclosure of Interest Councillor O'Connell declared a conflict of interest with respect to an In Camera item regarding the former Holy Redeemer Catholic School property. (Ill) Adoption of Minutes Resolution #289/14 Moved by Councillor Johnson Seconded by Councillor Mclean 1 1 2 Council Meeting Minutes, Sept€lmber 15, 2014 Inaugural Meeting of Council, December 1, 2014 Council Meeting Minutes Monday, December 15, 2014 7:00PM-Council Chambers Joint Planning & Development and Executive Committee Minutes, December 8, 2014 Special Council Meeting Minutes, December 8, 2014 ( ' Carried (IV) Delegations 1. Michael Borie Re: 2014 Municipal Election Mike Borie, Pickering resident, appeared before Council, outlining his concerns with respect to the 2014 Municipal Election. He felt that a Committee should be formed comprised of representation from Council, Pickering residents, City Clerk's staff as well as IT staff to review the 2014 Municipal Election, which would include a review of all complaints received, both during and after the Election._ He_ also asked that the current by-laws pertaining to elections be reviewed in order to improve wording to strengthen enforcement to provide for penalties to cover current undefined areas such as use of the cyberworld as well as election sign content. Mr. Borie expressed his desire to see the City of Pickering implement on line and phone in voting for the next municipal election. He also suggested that other area municipalities be canvassed for information, stating that Ajax saw a 4.5% increase in voter turnout by using an electronic voting process. 2. Cavina Vairamuthu Tamil Cultural and Academic Society of Durham Cavina Vairamuth appeared before Council on behalf of the Tamil Cultural and Academic Society of Durham, providing an overview of their religion, culture and traditions. She also extended an invitation to celebrate the Tamil Heritage Month Ceremony being. held on January 18, 2015 at the Pickering Town Centre, in celebration of Tamil Heritage Month. 3. Colin Arnott Pickering Professional Firefighters Association Colin Arnott, Pickering Professional Firefighters Association, appeared before Council with respect to Correspondence Item 21-14. He provided an explanation of the term "double hatters" for Council, noting that they are part-time paid firefighters, not volunteers. He also noted that all full time firefighters take an oath when they begin their employment that does not allow them to work part-time in another municipality with an IAFF. He outlined the reasons he felt the City should not support this 2 ·Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers resolution due to presumptive legislation, explaining the costly insurance claims which could be paid out by the municipality. He also noted there is no shortage of part-time firefighters across the Province. A discussion period ensued. It was questioned whether the Ontario Firefighters Association had been consulted for input on the enclosed resolution and whether this issue was being debated in other municipalities. (V) Correspondence 1. Carr. 20-14· Cheryl Bandel, Deputy Clerk Region of Durham . 605 Rossland Road East Whitby, ON L 1 N 6A3 Resolution #290/14 Moved by Councillor Mclean Seconded by Councillor Johnson That Carr. 20-14 from Cheryl Bandel, Deputy Clerk, Region of Durham seeking Council's nomination of a Member of Regional Council as the City's representative on the Central Lake Ontario Conservation Authority (CLOCA) and the Toronto and Region Conservation Authority (TRCA) be confirmed as follows; That Councillor Pickles be appointed as the Council representative on the Central Lake Ontario Conservation Authority. That Councillor O'Conf)ell be appointed as the Council representative on the Toronto and Region Conservation Authority. Resolution #291 /14 Moved by Councillor Pickles Seconded by Councillor O'Connell Carried That Eric Hudson be nominated as the City of Pickering Citizen representative on the Region of Durham Land Division Committee. Carried 3 3 4 2. Corr. 21-14 AMO Communications A discussion period ensued. Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers Resolution #292/14 Moved by Councillor Mclean Seconded by Councillor Ashe That Corr. 21-14 received from AMO Communications requesting that the City of Pickering Council pass a resolution in support of an amendment to the Fire Protection and Prevention Act, 1997 which would protect the rights of salaried firefighters who also work as volunteer firefighters in other jurisdictions, otherwise known as Double Hatters be endorsed. Yes Councillor Ashe Councillor Cumming Councillor Johnson Councillor Mclean (VI) Committee Reports 2. Director, City Development, Report PLN 23-14 Zoning By-law Amendment Application A 2/14 G. Gareri, V. Figliano and P. and C. Barbieri South Part of Lot 18, Plan 329 (1967 Woodview Avenue) Council Decision Carried on a Recorded Vote as Follows; No Councillor O'Connell Councillor Pickles Mayor Ryan That Zoning By~law Amendment Application A 2/14, submitted by G. Gareri et al., to facilitate the creation of two lots for detached dwellings fronting onto Woodview Avenue and an open space block on lands being South Part of Lot 18, Plan 329, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 23-14 be forwarded to Council for enactment. 3. Director, City Development, Report BLD 03-14 Building By-law Amendments under the Building Code Act 4 Council Decision Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers 1. That the City's Building By-law 7362/14 which appoints the Chief Building Official, Deputy Chief Building Official and Inspectors be amended as set out in Appendix #1 to Report BLD 03-14; and 2. Further, that the City's Building By-law 7362/14 which prescribes Fees Payable for Building Permits be amended as set out in Appendix #1 to Report BLD 03-14. Executive Reports 4. Director, Culture & Recreation, Report CR 14-14 Flag Raising and Cultural Festival Request to Issue Permit for use of Esplanade Park Council Decision 1. That Report CR 14-14 of the Director, Culture & Recreation regarding the request of the Filipino-Canadian Heritage and Resource of Durham for a permit allowing the use of Esplanade Park for a Flag Raising and Cultural Festival be received; 2. That Council authorize staff to issue a permit for the use of Esplanade Park by the Filipino-Canadian Heritage and Resource of Durham on Saturday, June 27, 2015 for the Flag Raising and Cultural Festival on terms and subject to conditions satisfactory to the Director, Culture & Recreation and the Chief Administrative Officer; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. 5. Director, Engineering & Public Works, Report ENG 20-14 Various Updates to the Traffic and Parking By-law 6604/05 Council Decision 1. That Report ENG 20-14 of the Director, Engineering & Public Works regarding various updates to the Traffic and Parking By-law 6604/05 be received; 2. That the attached draft By-law be enacted to amend Schedule "2", and Schedule "7" to By-law 6604/05 to provide for the regulation of parking and stop signs on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to address proposed parking 5 5 6 Council Meeting· Minutes Monday, December 15, 2014 7:00 PM -·Council Chambers restrictions on Glenanna Road, Sandstone Manor, Pickering Parkway and Fernam Street; and stop signs on Seventh Concession Road. 6. Director, Engineering & Public Works, Report ENG 21-14 Supply & Installation of Sports Field Lighting Amberlea Park, Hardball Diamond Tender No. T-17-2014 Council Decision 1. That Report ENG 21-14 of the Director, Engineering & Public Works regarding Tender No. T-17-2014 for the Supply & Installation of Sports Field Lighting at Amberlea Park, Hardball Diamond.be received; 2. That Tender No. T-17-1014 as submitted by Sentry Electric Inc. in the total tendered amount of $160,460.00 (HST included) be accepted; 3. That the total gross project cost of $185,320.00 (HST included), including the tendered amount and other associated costs and the total net project cost of $166,886.00 (net of HST rebate) be approved; 4. That Council authorize the Division Head, Finance & Treasurer to finance the net project cost in the amount of $166,886.00 as follows: a) The sum of $160,000.00 as approved in the 2013 Parks Capital Budget to be funded from the Federal Gas Tax Reserve Fund; b) The additional sum of $6,886.00 to be funded from the Federal Gas Tax Reserve Fund; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 7. Director, Engineering & Public Works, Report ENG 22-14 Supply & Installation of Sports Field Lighting Bay Ridges Kinsmen Park, Diamond No. 1 Tender No. T-21-2014 Council Decision 1. That Report ENG 22-14 of the Director, Engineering & Public Works regarding Tender No. T-21-2014 for the Supply & Installation of Sports Field Lighting at Bay Ridges Kinsmen Park, Diamond No. 1 be received; 6 Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers 2. That Tender No. T-21-1014 as submitted by Sentry Electric Inc. in the total tendered amount of $140,560.70 (HST included) be accepted; 3. That the total gross project cost of $164,561.00 (HST included}, including the tendered amount and other associated costs and the total net project cost of $148,192.00 (net of HST rebate) be approved; 4. That Council authorize the Division Head, Finance & Treasurer to finance the net project cost of $148,192.00 as follows: a) The sum of $100,000.00 as approved in the 2012 Parks Capital Budget to be funded from the Federal Gas Tax Reserve Fund; b) The sum of $23,000.00 as approved in the 2014 Parks Capital Budget to be funded from the Parkland Reserve Fund be increased to $48, 192.00; and 5. That the appropriate City of Pickering officials be authorized to take necessary action to give effect thereto. 8. Director, Corporate Services & City Solicitor, Report FIN 21-14 2015 Interim Spending Authority Council Decision 1. That Report Fl N 21-14 from the Director, Corporate Services & City Solicitor be received; 2. That the 2015 Interim Operating Expenditures be approved at 50% of the prior year's budget, including adjustments, as contained in Attachment 1, pending approval of the formal 2015 Current Budget by Council; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 9. Director, Corporate Services & City Solicitor, Report FIN 22-14 2015 Temporary Borrowing By-law Council Decision 1. That Report FIN 22-14 from the Director, Corporate Services & City Solicitor be received; 7 7 8 Council Meeting Minutes Monday, December 15, 2014 7:00PM-Council Chambers 2. That the temporary borrowing limit of $41,000,000 be established to meet 2015 current expenditures pending receipt of taxes and other revenues for the period January 1, 2015 to September 30, 2015 inclusive, and $20,000,000 thereafter until December 31, 2015; 3. That the temporary borrowing limit for capital purposes for 2015 be established at $25,000,000; 4. That the attached draft by-law providing for the temporary borrowing of monies, be enacted; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect th.ereto. 10. Director, Corporate Services & City Solicitor, Report FIN 23-14 Section 354/358 of the Municipal Act-Adjustment to Taxes Council Decision 1. That Report FIN 23-14 of the Director, Corporate Services & City Solicitor be received; 2. That the write-off of taxes as provided for under Section 354/357/358 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. · 11. Director, Corporate Services & City Solicitor, Report FIN 24-14 2015 Property and Liability Insurance Renewal Council Decision 1. That Report FIN 24-14 of the Director, Corporate Services & City Solicitor regarding the 2015 property and liability insurance renewal be received; 2. That the City of Pickering renew its property, liability and other insurance policies through Jardine Lloyd Thompson Canada Inc. (JLT) for the period January 1, 2015 to December 31, 2015 in the amount of $658,792 (plus applicable taxes) and inclusive of terms and conditions acceptable to the Division Head, Finance & Treasurer; 3. That the insurance coverage through JLT be for a period of one (1) year with an option in favour of the City to extend the coverage on the same terms and 8 Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers conditions for three (3) consecutive one year renewal terms, each subject to Council approval; 4. That LV. Walker & Associates be confirmed as the City's Adjuster of Record for property, liability and other insurance and related matters; 5. That the Division Head, Finance & Treasurer be authorized to settle any claims including employing resources to investigate and defend claims, adjusting and legal fees, where it is in the City's interest to do so; 6. That the Division Head, Finance & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary to limit potential liability exposure and to protect the assets of the City and its elected officials and staff; and, 7. That the appropriate officials be authorized to take the necessary actions to give effect thereto 12. Director, Corporate Services & City Solicitor, Report FIN 25-14 Municipal Capital Facilities Property Tax Exemption Under Subsection 11 0(6) Municipal Act, Pickering Indoor Soccer Dome Council Decision 1. That Report FIN 25-14 of the Director, Corporate Services & City Solicitor be received; 2. That the Municipal Capital Facilities Tax Exemption under Subsection 11 0(6) of the Municipal Act, 2001 and corresponding By-law be approved in respect of the Pickering Indoor Soccer Dome facility located at 1975 Clements Road, Pickering; and, 3. That the appropriate officials of the City ofPickering be authorized to take the necessary action to give effect hereto. Moved by Councillor Ashe Seconded by Councillor Mclean Resolution # 293/14 That Report 2014-08 of the Joint P & D and Executive Committee meeting held on December 8, 2014, be adopted, save and except Item 1. 9 9 10 1. Director, City Development, Report, PLN 22-14 Proposed Telecommunication Tower Bell Mobility 2315-2345 Liverpool Road (Manresa Jesuit Spiritual Retreat Centre) Installation # 48 Council Meeting Minutes Monday, December 15, 2014 7:00PM-Council Chambers Carried A brief discussion period ensued with questions regarding the inclusion of the notification list in the report. Resolution # 294/14 Moved by Councillor Ashe Seconded by Councillor Mclean That Bell Mobility be advised that City Council does not object to the revised proposal for a 35.0 metre high telecommunication tower installation to be located at 2315- 2345 Liverpool Road, based on the design and other details submitted with the revised application. Carried (VII) New and Unfinished Business 1. Director, Corporate Services & City Solicitor, Report CLK 06-14 2015 Standing Committee and Council Meeting Schedule Moved by Councillor Johnson Seconded by Councillor Ashe Resolution #295/14 That Report CLK 06-14 be amended to read as follows: 1. That the 2015 Standing Committee and Council Schedule calendar included as Attachment 1 be approved with the following amendment; A Joint Planning & Development and Executive Committee meeting on January 12th; and 10 The Council meeting on January 19th; Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers 2. That the City Clerk create a Standing Committee and Council Meeting Schedule that provides for the following: Executive Committees to start at 2:00 pm on the second Monday of each . month; Planning and Development Committees to start at 7:00pm on the second Monday of each month; and Council Meetings to start at 7:00 pm on the third Monday of each month; and 3. That the City Clerk bring back a report to Council with a revised Procedural By-law and revised 2015 Standing Committee and Council Meeting schedule for January reflecting the changes. Resolution # 296/14 Moved by Councillor O'Connell Seconded by Councillor Cumming Carried Later in the Meeting [Refer to Following Motions] That the motion be divided in order to deal with Item 1 separately. Moved by Councillor Johnson Seconded by Councillor Ashe Resolution #297/14 Carried 1. That the 2015 Standing Committee and Council Schedule calendar included as Attachment 1 be approved with the following amendment; A Joint Planning & Development and Executive Committee meeting on January 12th; and The Council meeting on January 19. Carried 11 11 12 Moved by Councillor Johnson Seconded by Councillor Ashe Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers Resolution # 298/14 2. That the City Clerk create a Standing Committee and Council Meeting Schedule that provides for the following: Executive Committees to start at 2:00pm on the second Monday of each month; Planning and Development Committees to start at 7:00pm on the second Monday of each month; and Council Meetings to start at 7:00pm on the third Monday of each month; and 3. That the City Clerk bring back a report to Council with a revised Procedural By-law and revised 2015 Standing Committee and Council Meeting schedule for January reflecting the changes. Yes Councillor Ashe Councillor Cumming Councillor Johnson Councillor Mclean Councillor Pickles . Carried on a Recorded Vote as Follows: No Councillor O'Connell Mayor Ryan 2. Director, Corporate Services & City Solicitor, Report CLK 07-14 2014 Municipal Election-Report on Accessibility A brief discussion period ensued with staff providing clarification as required with respect to on line voting as well as the opportunity for public participation. Resolution #299/14 Moved by Councillor O'Connell Seconded by Councillor Johnson That Report CLK 07-14 be received for information. 12 Carried Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers 3. Director, Corporate Services & City Solicitor, Report CLK 08-14 Council Appointments to Committees Re: Policy Creation Resolution #300/14 Moved by Councillor Ashe Seconded by Councillor O'Connell That the Council Appointments to Committees Policy as set out in Attachment #1 , be approved. 4. Director, Corporate Services & City Solicitor, Report CLK 09-14 Review of Boards and Committees A brief discussion period ensued. Moved by Councillor Johnson Seconded by Councillor Pickles Resolution #301/14 Carried 1. That Report CLK 09-14 of the Director, Corporate Services & City Solicitor be received; 2. That Policy ADM 040 for Boards and Advisory Committees, included as Attachment #1 to this report be approved; 3. That the Advisory Committee on Diversity, Sustainable Pickering Advisory Committee and Waterfront Coordinating Committee be formally disbanded based on project/mandate completion or amalgamation; 4. That a Cultural Advisory Committee be established as a formal advisory committee as outlined in this report; · 5. That the Boards and Advisory Committees of Council included as Attachment #2 in this report be formally reconfirmed; 6. That the existing appointees to the remaining Boards and Advisory Committees be reconfirmed until January 31, 2015; and 13 13 14 Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers 7. That the City Clerk take the appropriate action to advertise for citizen appointments to the Boards and Advisory Committees, that a report be brought back to Council in January, 2015 listing all citizen applicants and that Council appoint members to the Boards and Advisory Committees at its January, 2015 meeting. 5. Director, Corporate Services & City Solicitor, Report FIN 26-14 Ontario Community Infrastructure Fund-Formula-Based Component Moved by Councillor Ashe Seconded by Councillor Pickles Resolution #302/14 Carried 1. That Report FIN 26-14 of the Director, Corporate Services & City Solicitor regarding the Ontario Community Infrastructure Fund-Formula-Based Component grant be received; 2. That the Mayor and City Clerk be authorized to execute the Ontario Community Infrastructure Fund -Formula-Based Component funding contribution Agreement on terms satisfactory to the Director, Corporate Services & City Solicitor; 3. That Council approve the establishment of the Ontario Community Infrastructure Fund-Formula Based Component (OCIF) Reserve Fund; 4. That the draft by-laws attached hereto be enacted; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 6. Director, City Development, Report PLN 24-14 South Pickering Intensification Study (Part of the Pickering Official Plan Review) Places to Grow Implementation Fund Transfer Payment Agreement Resolution #303/14 Moved by Councillor O'Connell 14 Carried Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers Seconded by Councillor Ashe 1. That Report PLN 24-14 of the Director, City Development, regarding the South Pickering Intensification Study be received; 2. That Council authorize staff to undertake Phase 1 of a Study of the land use planning policies respecting the intensification opportunities for lands in South Pickering outside the City Centre, generally as set out on Appendix I to Report PLN 24-14; 3. That the draft by-law provided as Appendix II to Report PLN 24-14, authorizing the execution of the Places to Grow Implementation Fund Transfer Payment Agreement to off-set the costs of Phase 1 of the Study-Community Engagement, be forwarded to Council for enactment; 4. That the Mayor and City Clerk be authorized to execute the Places to Grow Implementation Fund Transfer Payment Agreement provided as Schedule "A" to Appendix II to Report PLN 24-14; 5. That Council authorize the appropriate City officials to undertake the necessary actions required to implement the above recommendations; and 6. Further, that a copy of Report PLN 24-14 be forwarded to the Region of Durham, the Ministry of Municipal Affairs and Housing, and the Ontario Growth Secretariat. 7. Director, Engineering & Public Works, Report ENG 23-14 Frenchman's Bay Harbour Entrance Reconstruction -Infrastructure Funding Contribution Agreement -Project Extension Moved by Councillor O'Connell Seconded by Councillor Ashe Resolution #304/14 Carried 1. That Report ENG 23-14 of the Director, Engineering & Public Works regarding the Frenchman's Bay Harbour Entrance Reconstruction Infrastructure Funding Contribution Agreement be received; 2. That the Council of the City of Pickering agrees to amend the Financial Assistance date of the Infrastructure Funding Contribution Agreement between the Province of Ontario and the City of Pickering, from December 31, 2014 to June 30, 2015; and 15 15 16 Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Carried 8. Director, Culture & Recreation, Report CR 13-14 Supply & Installation of Indoor Tennis Lighting, Pickering Recreation Complex -Tender No. T-25-2014 Resolution #305/14 Moved by Councillor O'Connell Seconded by Councillor Ashe 1. That Report CR 13-14 of the Director, Culture & Recreation regarding the Supply & Installation of Indoor Tennis Lighting at the Pickering Recreation Complex be received; 2. That Tender No. T-25-2014 submitted by MJK Construction Inc. in the amount of $104,615.40 (HST included) be accepted; 3. That the total gross project cost of $149,815.00 (HST included); including other associated costs, and a net project cost of $134,913.00 (net of HST rebate) be approved; 4. That Council authorize the Division Head, Finance & Treasurer to finance the project as approved in the 2012 Recreation Centre-Core Capital Budget in the amount of $100,000.00, to be increased to $134,913.00 from the Federal Gas Tax Reserve Fund; and 5. Further, that the appropriate City of Pickering officials be authorized to take necessary action to give effect hereto. (VIII) By-laws 7387/14 7388/14 Carried Being a by-law to amend By-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. Being a by-law to amend Schedules "A" and "B" of By-law 7362/14 appointing Chief Building Official, Deputy Chief Building Official and Inspectors and fees payable respectively. 16 7389/14 7390/14 7391/14 7392/14 7393/14 7394/14 7395/14 7396/14 7397/14 7398/14 7399/14 Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers 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, being South Part of Lot 18, Plan 329, City of Pickering. (A 2/14) Being a by-law to authorize the temporary borrowing of monies to meet the current and capital expenditures of the City of Pickering for the year 2015. Being a by-law to designate certain lands as a municipal capital facility. Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham being Part of Lot 11 and Lots 12 & 13 Plan 175, Part 1, Plan 40R-11659, City of Pickering (A 9/14) Being a by-law to amend By-law 6649/06, which licences, regulates ad governs body-rub parlours in the City of Pickering. 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, on Part of Lot 2, Registered Plan 388, Part of Lots 33 and 34, Concession 1, Part of Lot 32 and Part of the Road Allowance between Lots 32 and 33, Concession 1, and Lots 5 and 6, Registered Plan 566, City of Pickering. (A 6/13) Being a by-law to exempt Blocks 31 to 34, 45 and 46, Plan 40M-2479, from the part lot control provisions of the Planning Act Being a by-law to authorize the execution of the Ontario Community Infrastructure Fund -Formula-Based Funding Contribution Agreement. Being a by-law to provide for the establishment of a Reserve Fund to be known as the Ontario Community Infrastructure Fund (OCIF)- Formula-Based Component Reserve Fund Being a by-law to authorize. the execution of the Places to Grow Implementation Fund Transfer Payment Agreement. Being a by-law to amend Restricted Area Zoning By-law 3037, as amended, to implement the Official Plan of the City of Pickering, Region of Durham being South Part of Lot 2, Concession 5, Part 4, Plan 40R- 20466, City of Pickering. (A 8/14) Resolution #306/14 17 17 18 Moved by Councillor Pickles Seconded by Councillor McLean Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers That By-law Nos. 7387/14 through 7399/14 be approved. Carried (IX) Confidential Matters In accordance with Procedural By-law 7212/12 and the provisions of the Municipal Act, an In Camera meeting of Council was held prior to the regularly scheduled meeting. An In Camera meeting of Council has been scheduled in accordance with the provisions of the Municipal Act and Procedural By-law 7212/12, in that the matters to be discussed relate to labour relations or employee negotiations, personal matters about an identifiable individual, as well as receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; a proposed or pending acquisition or disposition of land by the municipality or local board and litigation or potential litigation, including matters before administrative · tribunals, affecting the municipality or local board. Carried [City Clerk has custody and control of the In Camera minutes]. Moved by Councillor Ashe Seconded by Councillor Mclean Resolution #307/14 That Councillor Ashe and Councillor Pickles be appointed as the City representatives to the Veridian Corporation. Resolution #308/14 Moved by Councillor Mclean Seconded by Councillor O'Connell 18 Carried as Amended [Refer to Following Motion] Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers That the Main Motion to appoint Council representatives to the Veridian Corporation, be for a term of two years, from December 15, 2014 to December 31, 2016. Yes Councillor Cumming Councillor Mclean Councillor O'Connell Mayor Ryan The Main Motion as amended was then Carried Moved by Councillor Cumming Seconded by Councillor Johnson Resolution #309/14 Carried on a Recorded Vote as Follows No Councillor Ashe Councillor Johnson Councillor Pickles That the CUPE Collective Agreement between the City of Pickering and CUPE local129 be endorsed and that the City proceed with ratification. Moved by Councillor Mclean Seconded by Councillor Ashe Carried Resolution #310/14 That the recommendations considered at the Closed Meeting of Council regarding OPA No. 23 & 26 be approved. Moved by Councillor Mclean Seconded by Councillor Cumming Resolution #311/14 Carried That Ron Chatterton be the resident appointed to Veridian Corporation for a term ending December 31, 2018 and that Ted Baker be the resident appointed to Veridian Connection for a term ending December 31,2018. 19 19 20 Council Meeting Minutes Monday, December 15, 2014 7:00 PM -Council Chambers Carried Resolution# 312/14 Moved by Councillor Johnson Seconded by Councillor Mclean That Ozair Chaudhry be the City of Pickering resident nominated to the Durham Agricultural Advisory Committee. Carried (X) Other Business 1. Councillor Cumming requested that staff look into the number of buildings located on main thoroughfares which are being used as places of worship. He questioned what other municipalities were doing and what restrictions if any were in place to compensate for the lost tax revenues. 2. Councillor Johnson noted he had received concerns from the President of the Lions Club in Claremont regarding heritage signs in need of replacement on Main Street in the area of Wickson, and requested that staff look into this. (XI) Confirmation By-law By-law Number #7400/14 Councillor Pickles seconded by Councillor Mclean moved for leave to introduce a By- law of the City of Pickering to confirm those proceedings of September 15, 2014. (XII) Adjournment Moved by Councillor O'Connell Seconded by Councillor Johnson That the meeting be adjourned at 8:53 pm. Carried Carried 20 Dated this 15th day of December, 2014. 21 Council Meeting Minutes Monday, December 15, 2014 7:00PM-Council Chambers Mayor Ryan Debbie Shields City Clerk 21 22 Present: Mayor Ryan Councillors: K. Ashe I. Cumming R.Johnson B. Mclean J. O'Connell D. Pickles Also Present: M. Carpino P. Bigioni R. Holborn T. Melymuk J. Hagg S. Karwowski K. Senior N. Surti D. Shields Joint Planning & Development and Executive Committee Meeting Minutes Monday, January 12, 2015 7:00 pm -Council Chambers Chair: Councillor Ashe -(Acting) Chief Administrative Officer -Director, Corporate Services & City Solicitor -Director, Engineering & Public Works -Director, City Development -Fire Chief · -Division Head, Finance & Treasurer -Manager, Accounting Services -Manager, Development Review & Urban Design -City Clerk (I) Disclosure of Interest No disclosures of interest were noted. (II) Part A-Planning & Development Committee Reports 1. Director, Corporate Services & City Solicitor, Report LEG 01-15 2016508 Ontario Limited, Plan of Subdivision 40M-2261 -Final Assumption of Plan of Subdivision Recommendation Moved by Mayor Ryan Seconded by Councillor Johnson 1 Joint Planning & Development and Executive Committee Meeting Minutes Monday, January 12, 2015 7:00 pm -Council Chambers Chair: Councillor Ashe 1. That the works and services required by the Subdivision Agreement within Plan 40M-2261, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except for Blocks 2 and 4; and 2. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2261 be released and removed from title. (Ill) Part B -Executive Committee Reports 2. Director, Corporate Services & City Solicitor, Report FIN 02-15 2014 Year End Audit Carried Paula Jesty, Deloitte LLP, appeared before the Committee and outlined the 2014 Year End Audit. Recommendation Moved by Councillor Pickles Seconded by Mayor Ryan 1. . That Report Fl N 02-15 of the Director, Corporate Services & City Solicitor be received; 2. That the Audit Plan as submitted by Deloitte LLP, included as Attachment 1 to this report be received for information; and, 3. That the Chief Administrative Officer and the Division Head, Finance & Treasurer be authorized to sign the Auditor's Engagement Letter on behalf of the City. 3. Director, Corporate Services & City Solicitor, Report FIN 01-15 2015 Interim Levy and Interim Tax Instalment Due Dates Recommendation 2 Carried 23 24 Joint Planning & Development and Executive Committee Meeting Minutes Monday, January 12, 2015 7:00 pm -Council Chambers Chair: Councillor Ashe Moved by Councillor Pickles Seconded by Councillor O'Connell 1. That Report Fl N 01-15 of the Director, Corporate Services and City Solicitor be received; 2. That an interim property tax levy be adopted for all realty property classes for 2015; 3. That the interim property tax levy tax instalment due dates be February 27 and April27, 2015; 4. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. 4. Director, Corporate Services & City Solicitor, Report FIN 03-15 Tender/Contract Approval -Approvals During Council Recess 2014 Recommendation Moved by Councillor O'Connell Seconded by Councillor Mclean Carried 1. That Report FIN 03-15 of the Director, Corporate Services & City Solicitor regarding tender and contract approvals during Council Recess be received; and, · 2. That Council pass a resolution ratifying the approval of the Tenders and Contracts by the Chief Administrative Officer during Councils' recess being, Tender No. T-16-2014, Brick Cladding & Masonry Repairs, Quotation No. Q- 42-2014 One New Latest Model Year, Four Wheel, Pure Vacuum Multi- Functional Street Sweeper, and Quotation No. Q-51-2014, Seniors and Person with Disabilities Snow Clearing Program. Carried 3 Joint Planning & Development and Executive Committee Meeting Minutes Monday, January 12, 2015 · 7:00 pm -Council Chambers Chair: Councillor Ashe 5. Director, Engineering & Public Works, Report ENG 01-15 Review of Accessible Parking Space Requirements for the City of Pickering Recommendation Moved by Councillor O'Connell Seconded by Councillor Mclean 1. That Report ENG 01-15 of the Director, Engineering & Public Works regarding the review of accessible parking space requirements in the City of Pickering, be received; 2. That City Council authorize staff to initiate a public consultation process on the proposed amendments to By-law 6604/05 regarding accessible parking space requirements in the City of Pickering, as outlined in this report, including consultation with the Accessibility Advisory Committee, business owners, and other stakeholders; and 3. That following the receipt of comments, staff prepare a draft by-law with final recommendations for Council's consideration. · Carried 6. Director, Corporate Services & City Solicitor, Report CLK 01-15 Amendment to Procedural By-law to Provide for 2015 Committee and Council Meeting Schedule Change Recommendation Moved by Councillor Johnson Seconded by Councillor Cumming 1. That Report CLK 01-15 of the Director, Corporate Services & City Solicitor, regarding an amendment to Procedural By-law 7212/12 be received; 2. That the draft amendment by-law to Procedural By-law 7212/12, to provide for a revised Standing Committee Meeting as noted in Attachment #1 be approved; and 4 25 26 Joint Planning & Development and Executive Committee Meeting Minutes Monday, January 12, 2015 7:00 pm -Council Chambers Chair: Councillor Ashe 3. That the 2015 Standing Committee and Council Meeting calendar included as Attachment #2 be approved. Moved by Councillor Pickles Seconded by Councillor Mclean Carried Later in the Meeting [Refer to Following Motion] . That the 2015 Standing Committee and Council Meeting calendar be amended to move the Council meeting on February 17th to the 23rd. Motion Lost The Main Motion was then Carried (IV) Adjournment The meeting adjourned at 7:18 pm. 5 Delegations 1. Roger Anderson Chair, Region of Durham Re: Annual Address to Council 2. Laura Drake Paul Savel Pickering Museum Village Advisory Committee Re: 2014 Report 3. Rosi Vanderheijden January 19, 2015 Re: Clearing of Pickering Waterfront Trail in Winter Months 4. Michael Borie Re: Procedures Taken During 2014 Municipal Election 5. Mark Turney Vice-President of Operations Veridian Connectionslnc. Re: Report LEG 02-15 27 January 19, 2015 Correspondence Pages 1. 2. Corr. 01-15 Cheryl Bandel, Deputy Clerk Region of Durham 605 Rossland Road East Whitby, ON L 1 N 6A3 Motion for Direction 30-31 Letter received from Cheryl Bandel, Deputy Clerk, Region of Durham seeking Council's nomination of a Member of Regional Council and one citizen nomination as the City's representative on the Durham Trail Coordinating Committee. Corr. 02-15 Debbie Shields City Clerk City of Pickering Motion for Direction 32-33 Memo received from Debbie Shields, City Clerk, City of Pickering, detailing the request by the Region of Durham to nominate a City of Pickering resident to the Durham Environmental Advisory Committee. 3. Corr. 03-15 Motion for Direction 4. Susan Dickison 34-35 Communications Coordinator, Durham Region Transit 605 Rossland Road East Whitby, ON L 1 N 6A3 Letter received from Susan Dickison, Communications Coordinator, Durham Region Transit seeking Council's nomination of one citizen nomination as the City's representative on the Durham Region Transit Advisory Committee. Corr. 04-15 Debbie Shields City Clerk City of Pickering Motion to Endorse 36-37 Memo received from Debbie Shields, City Clerk requesting endorsement of Council appointments to Advisory Boards and Committees. 28 5. 29 Corr. 05-15 Tanya Ryce, Supervisor, Culture & Recreation Re: Pickering Museum Village Advisory Committee 2014 Annual Report Receive for Information 38-42 Correspondence received from Tanya Ryce, Supervisor, Culture & Recreation, submitting the 2014 report on behalf of the Pickering Museum Village Advisory Committee. The Regional Municipality of Durham· Corporate Services Department - Legislative Services 605 ROSSLAND RD. E. PO BOX623 WHITBY ON L 1 N 6A3 CANADA 905-668-7711 1-800-372-1102 Fax: 905-668-9963 www.durham.ca Matthew L. Gaskell Commissioner of Corporate Services "~ervi~&Eft~llence tor blircdiiimunities" o\,-•---· ' .. o:·~~6_tC"' I'>".' RECEIVED CITY OF F'ICKE.RING OCT 3 0 2014 October 29, 2014 e . CLERK'S OFFIC.- Ms. D. Shields Clerk City of Pickering · 1 The Esplanade Pickering, ON L 1V 6K7 4 -- ORIGINAL TO: ~)-., COPY TO: ...s O..Y\ \'\/IS __ ___,_"-' ( CORR..} FILE ~APR. ACTION ~ RE: \Y\.o-t-~ or--for Dt t-e. . c-t;a"'-'\ APPOINTMENTS TO THE DURHAM TRAIL COORDINATIJG ·COMMITTEE, OUR FILE: C14 Ms. Shields, appointments to the Durham Trail Coordinating Committee (DTCC) will be made by the Planning Committee for subsequent recommendation to Regional Council in early 2015. The goal of the Durham Trail Coordinating Committee is to "expand, enhance and promote a public regional trail system connecting Durham's municipalities that supports active and healthy community lifestyles". To this end, the DTCC developed and recommended the implementation of a Regional Trails Network (RTN). The RTN was then endorsed by the area municipalities and approved by Regional Council in 2006 as the framework for long range regional trail planning and development. Since then, the activities of the DTCC have focused on implementing the RTN by promoting and coordinating trail connections between area municipalities. An overview of the DTCC and its Terms of Reference are available on the Region's website at www.durham.ca under Planning & Economic Development I Planning Division I Advisory Committees .. The Committee's Terms of Reference provide for each municipality to nominate two _members as follows: • 1 Regional Council Member ( if unable to appoint a Regional Councillor, a local Councillor may be substituted); and • 1 Citizen member 112 If this information is required in an accessible format, please contact the Accessibility Co-ordinator at 1-800-372-11 02 ext. 2009. 30 31 We would appreciate receiving the names of your nominees on or before January 8, 2015. Please forward your Council's resolution to Sandra McEieney, Planning Analyst, Planning & Economic Development Department, Planning Division at 905-668-7711, ext. 2550. You can also contact her with any questions you may have on this matter. ~-e-.9--~U-.. Cheryl Bandel, Dipi.M.A. Deputy Clerk CB/daj 2/2 Memo To: Mayor Ryan and Members of Council · January 14, 2015 From: Copy: Debbie Shields City Clerk Chief Administrative Officer Subject: Appointment to Durham Environmental Advisory Committee File: A-1410 Further to a letter received from the Region of Durham requesting Council nominate a Pickering resident to the Durham Environmental Advisory Committee. The letter dated December 9, 2014 noted that after advertising in local papers seeking expressions of interest for the Committee no applications had been received. Since that letter the City of Pickering has received applications from individuals residing in Pickering and the Region of Durham is requesting that Council nominate a r~sident from those applications. (Applications submitted to Council under separate cover to be reviewed at the In Camera Council Meeting dated January 19, 2015.) OS Attachment Original Letter from the Region of Durham 32 The Regional Municipality of Durham Planning and Economic Development Department Planning Division 605 ROSSLAND RD. E. 4TH FLOOR PO BOX 623 WHITBY ON L 1 N 6A3 CANADA 905-668-7711 1-800-372-11 02 Fax: 905-666-6208 Email: planning@durham.ca www.durham.ca A.L. Georgieff, MCIP, RPP Commissioner of Planning and Economic Development "setvice ·Eicetlence t~~ our communities" ..§ c:': -·.:2~ ~~;~;: ~ ~~· 33 RECEIVED CITY OF PICKERING DEC 15 2014 December 9, 2010 · CLERK'S OFFICE Ms. D. Shields Clerk City of Pickering Municipal Office One The Esplanade Pickering ON L 1 V 6K7 Dear Ms. Shields: 4 Re: Membership Selection for Durham Environmental Advisory Committee (DEAC), FileA01-37-02 This is to advise that the City's representative on the Durham Environmental Advisory Committee (DEAC), Mr. Bryan Buttigieg, has resigned from the Committee. In accordance with the DEAC Terms of Reference (attached), the Region placed newspaper advertisements in local pap~rs seeking expressions of interest from individuals wishing to volunteer for appointment to the DEAC. Unfortunately, no expressions of interest were received from any individuals residing in Pickering. As such, we would greatly appreciate it if you could assist in our search for volunteers. The DEAC Terms of Reference provides selection criteria to consider when nominating individuals, which include residency, environmental technical expertise, community representation and availability. If City Council is able to nominate an individual for DEAC, the nomination will be presented to Regional Planning and Economic Development Committee for appointment as the City's representative. Should you require further information, please contact Michael Blake, Planner at 905-668-7711, extension 2549. Encl. If this information is required in an accessible format, please contact the Accessibility Co-ordinator at 1-800-372-11 02 ext. 2009. -~it ~~/ Make Life Easy Durham Region Transit Commission 605 ROSS LAND ROAD EAST PO BOX623 WHITBY, ONTARIO L1N 6A3 CANADA Phone: 905-668-7711 Fax: 905-666-6193 durhamregiontransit.com January 14, 2015 Ms. D. Shields, Clerk City of Pickering 1 The Esplanade Pickering, ON L 1 V 6K7 !COPY TO: RE: APPOINTMENTS TO THE DURHAM REGION TRANSIT ADVISORY COMMITTEE (Our File: C14) . Ms. Shields, appointments to the Durham Region Transit (DRT) Advisory Committee (TAC) will be made by the Transit Executive Committee in early 2015. TAC is a volunteer committee established by the Durham Region Transit Commission and Regional Council in 2006. An overview of the T AC and its Terms of Reference are available at www.durhamregiontransit.com under 'About DRT' -'DRT Transit Advisory Committee'. The goal of the DRT Advisory Committee is to "provide input to the Durham Transit Executive Committee on public transit matters as they relate to the provision of conventional and specialized transit services in Durham". The committee's Terms of Reference provide for each of the eight area municipalities to nominate one (1) public transit user representing transit stakeholder groups through their use of DRT services and/or through their participation in community groups that access public transit service in Durham Region. For your consideration we are enclosing a copy of an application we received from a citizen within your municipality interested in being appointed as your community member representative on the DRT Advisory Committee. If possible, please forward your Council's resolution advising of the name of your nominee to my attention on or before February 10, 2015. If this information is required in an accessible format, please contact the Accessibility Co-ordinator at 1-800-372-11 02, extension 2009. 34 -~ft ~") Make Life Easy If you have any questions please contact me at 905-683-4111, ext. 4836. Susan Dickison Communications Coordinator, Durham Region Transit SD/ct Enclosure c: D. Bowen, AMCT, Regional Clerk/Director of Legislative Services C. Bandel, Deputy Clerk C. Tennisco, Committee Clerk If this information is required in an accessible format, please contact the Accessibility Co-ordinator at 1-800-372-1102, extension 2009. 35 Corr. 04-lS Memo FILE TAKE J.\.PR. ACTION (fV\~~~::··:;~ '"'f.V\clor se- To: Mayor Ryan and Members of Council January 15, 2015 From: Copy: Debbie Shields City Clerk Chief Administrative Officer Subject: Council Appointments to Boards and Committees File: A-141 0 Further to the approval of Policy ADM 045, Council Appointments to Committees, please find below the list of Committees that require Council representation and the Councillor's appointed to those Committees. On December 18, 2014 the City Clerk circulated a memo to Members of Council seeking submissions of interest from Councillors for each Committee requiring Council representation. The names noted below require Council endorsement. Council Appointment to Committee's List Animal Services Appeal Committee-1 Member of Council required lan Cumming Civic Awards Committee -3 Members of Council required Kevin Ashe Rick Johnson Bill Mclean Site Plan Advisory Committee-3 Members of Council required Kevin Ashe Rick Johnson Bill Mclean 36 Taxicab Advisory Committee -1 Member of Council required Rick Johnson Pickering Public Library Board -2 Members of Council required lan Cumming Jennifer O'Connell ds January 15, 2015 37 subject: Council Appointments to Boards and Committees Page 2 of 2 To: From: Copy: Debbie Shields City Clerk. Tanya Ryce Supervisor, Culture & Recreation Chair, Pickering Museum Village Advisory Committee Members, Pickering Museum Village Advisory Committee Regional Councillor Ward 2 Subject: Pickering Museum Village Advisory Committee 2014 Annual Report File: A-141 0-0002-15 Memo January 9. 2015 Please find attached the 2014 Annual Report as prepared by Laura Drake, Chair, Pickering Museum Village Advisory Committee. Please provide the report to Pickering Council at their January 19 Council Meeting. Thank you tr Attachment Pickering Museum Village Advisory Committee 2014 Annual Report 38 39 Pickering Museum Village Advisory Committee 2014 Annual Report The Pickering Museum Village (PMV) Advisory Committee met 7 times, and subcommittees met as required. This year is the 4th year of our 5-year PMV Strategic Plan and it has seNed us well; as we continue our evolution into the best in class of all local Living History sites. The· 2014 work plan of the Advisory committee was divided into 4 sections: A. All members B. Capital Projects Subcommittee C. Collections Subcommittee D. Volunteer Supportffraining/Awards Section A Work undertaken by All Committee Members i. Members of the Pickering Museum Village Advisory, and Pickering Museum Village Foundation participated in the development of the Pickering Museum Village feasibility study request for quotation document. This was released early in 2014. The Pickering Museum Village Foundation continues their work to raise additional funds to undertake the work in the proposals. ii. Many of our members participated and assisted with History in Action Saturdays. This is an imaginative programming idea which staff has created. Staff redesigned the line-up of programs for 2014, using Environics Analytics findings. New activities in 2014 brought divergent groups to the site to compete in events such as the Amazing Pioneer Race, SuNivor-Settler Style, Capture the Flag and Minecraft, etc. They were all well attended and many will be repeated in 2015. Attendance at History in Action Saturdays has doubled in 2014. Kudo's to staff, and volunteers in particular Mandy Smiles. iii. Pickering Museum Village Advisory Committee advocated, and were granted additional staff hours including: full time hours for the Event and Volunteer Programmer. PMVAC identifies a need for full-time hours for both the conseNator and museum maintenance person. Being mindful of financial needs across to corporation, the PMV AC approved the maintenance position as the sole position for full time allocation in 2015.The flexibility and the skills that our prese·nt maintenance person possesses have made him a truly valuable addition to our team. iv. A member of the committee did some research on Durham Transit route plans for the north of Pickering and made sure that they were aware of how a route, which includes our site, would be a big step forward to making our site more accessible for people with no transportation, except public transit. We will continue tb monitor this as North Pickering grows. v. Staff efforts have once again received the maximum Community Museum Operating Grant available to our type of museum. Staff have to meet tough criteria to receive this award annualry. Staff are continuously motivated to update our operating procedures and Collection standards. vi. The 100th Anniversary of the beginning of the WWI was celebrated with an exhibit "Keep the Home Fires Burning" demonstrating ways that people who were ineligible or unable to go to the front provided support for those who went to war. Additionally, a new education program made a stellar debut in October. WWI Education Day was presented to local and regional High School students. Students rotated through 12 living history stations, learning everything from the realities of field war and the soldier's experiences to how the family at home was coping. A team of re-enactors supported by PMV Education staff and volunteers carried this forward with such success that this program will be presented annually until 2018, marking the 1 ooth Anniversary of the War's End. Approximately 150 students actively learned what war meant in this engaging, enlightening and educational format. Kudos to all who presented or participated. vii. All members of the AC are expected to take training along with volunteers . so they are fully cognizant of expectations of volunteers and are eligible to volunteer at appropriate levels of demonstration, as well being able to advise Council of new programs and services provided. Section B Capital Projects Subcommittee i. The Pickering Museum Village Advisory Committee worked with staff to create priority lists of capital projects for the next 5 years. It has been extremely beneficial to have Vince Plouffe join our team to assist with the project analysis and cost projections. ii. In 2014, budgets were approved for Odd Fellows Hall to be turned to face the picnic shelter, and a major renovation, making the building suitable for year-round rentals. 2 40 41 iii. A list of restoration projects were identified for possible PMV Foundation , support through Bingo monies. The Pickering Museum Village Foundation approved the motion of the committee to take on the financial support of several projects in the next few years, including: Rechinking of the Puterbaugh School House (completed in 2014), Restoration of the Temperance House Siding, and various projects related to the craftsman cottage restoration to be completed in 2015. Section C Collections Subcommittee i. The collections committee met monthly to review and recommend artifact acquisitions. There were 66 artifacts accepted into the museum's core collection in 2014, and 55 items accepted for education purposes. ii. As part of the museum's Disaster Preparedness Plan, staff and the committee evaluated approximately 40 artifacts for salvage priority purposes. iii. A GAP analysis re Craftsman Cottage furnishings resulted in the Pickering Museum Village receiving suitable artifacts from Parks Canada. Section D Volunteer Support/Training/Awards Subcommittee i. Committee assisted with tabulations of volunteer hours for our volunteers, as well as evaluating several Municipal, Provincial, Federal and Privately sponsored award proposals . It assisted with the presentation of the annual awards at VIV (Very Important Volunteer) night last April. ii. Committee has adopted a new form of internal appreciation Kudos which will be implemented early in 2015, with Volunteers to be recognized on a· continuing basis thereafter. Summary We are very proud of our staff and volunteers-85% of activities planned for 2014 Strategic Plan were accomplished. The balance were delayed or deferred due to a lack of financial or staff resources. Items on hold include pod casting which would require a significant investment of staff time currently unavailable, and the 3 completion of the feasibility study; which has be delayed due to a monetary shortfall in the Foundation's general coffers. Overall there has been a significc;lnt increase in attendance over the past year. Saturday attendance is up 100%, General Attendance is up 20%, Education Program revenue is expected to exceed projections. We continue to develop the reputation of the museum in the film industry, and promote rentals of facilities for meetings, weddings, and other gatherings. The Pickering Museum Village Advisory Committee is very grateful to all City departments who support us, especially Facilities and Information Technology. We couldn't operate without them. A letter of appreciation will be written by the Chair of the Committee to express ciur appreciation to all City departments who help us to look our best,· engage our audience, and enrich our communities. 4 42 January 19, 2015 COMMITTEE REPORTS a) Joint Report JT 2015-01 of the Joint Planning & Development and Executive Committee Pages Planning & Development Committee Reports 1. Director, Corporate Services & City Solicitor, Report LEG 01-15 2016508 Ontario Limited, Plan of Subdivision 40M-2261 -Final Assumption of Plan of Subdivision Recommendation 1-3 1. That the works and services required by the Subdivision Agreement within Plan 40M-2261, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance, save and except for Blocks 2 and 4; and 2. That the Subdivision Agreement and any amendments thereto relating to Plan 40M-2261 be released and removed from title. Executive Committee Reports 2. Director, Corporate Services & City Solicitor, Report FIN 02-15 /' 4-27 2014 Year End Audit Recommendation 1. That Report FIN 02-15 of the Director, Corporate Services & City Solicitor be received; 2. That the Audit Plan as submitted by Deloitte LLP, included as Attachment 1 to this report be received for information; and, 3. That the Chief Administrative Officer and the Division Head, Finance & Treasurer be authorized to sign the Auditor's Engagement Letter on behalf of the City. 43 3. 4. 44 Director, Corporate Services & City Solicitor, Report FIN 01-15 2015 Interim Levy and Interim Tax Instalment Due Dates Recommendation 28-32 1. That Report FIN 01-15 of the Director, Corporate Services and City Solicitor be received; 2. That an interim property tax levy be adopted for all realty property classes for 2015; · 3. That the interim property tax levy tax instalment due dates be February 27 and April 27, 2015; 4. That the attached draft by-law, providing for the imposition of the taxes, be enacted; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Director, Corporate Services & City Solicitor, Report FIN 03-15 Tender/Contract Approval -Approvals During Council Recess 2014 Recommendation 33-63 1. That Report FIN 03-15 of the Director, Corporate Services & City Solicitor regarding tender and contract approvals during Council Recess be received; and, · 2. That Council pass a resolution ratifying the approval of the Tenders and Contracts by the Chief Administrative Officer during Councils' recess being, Tender No. T-16-2014, Brick Cladding & Masonry Repairs, Quotation No. Q-42-2014 One New Latest Model Year, Four Wheel, Pure Vacuum Multi-Functional Street Sweeper, and Quotation No. Q-51-2014, Seniors and Person with Disabilities Snow Clearing Program. Director, Engineering & Public Works, Report ENG 01-15 Review of Accessible Parking Space Requirements for the City of Pickering Recommendation 64-101 1. That Report ENG 01-15 of the Director, Engineering & Public Works regarding the review of accessible parking space requirements in the City of Pickering, be received; 2. That City Council authorize staff to initiate a public consultation process on the proposed amendments to By-law 6604/05 regarding accessible parking space requirements in the City of Pickering, as outlined in this report, including consultation with the Accessibility Advisory Committee, business owners, and other stakeholders; and 3. That following the receipt of comments, staff prepare a draft by-law with final recommendations for Council's consideration. 6. Director, Corporate Services & City Solicitor, Report CLK 01-15 102-105 Amendment to Procedural By-law to Provide for 2015 Committee and Council Meeting Schedule Change · Recommendation 1. That Report CLK 01-15 of the Director, Corporate Services & City Solicitor, regarding an amendment to Procedural By-law 7212/12 be received; 2. That the draft amendment by-law to Procedural By-law 7212/12, to provide for a revised Standing Committee Meeting as noted in Attachment #1 be approved; and · 3. That the 2015 Standing Committee and Council Meeting calendar included as Attachment #2 be approved. 45 January 19, 2015 NEW AND UNFINISHED BUSINESS PAGES 1. Director, Corporate Services & City Solicitor, Report LEG 02-15 47-70 Solar Photovoltaic (PV) Installation under the Provincial FIT 2.0 Program -Solar Array Roof Lease Agreement Recommendation 1. That Report LEG 02-15 of the Director, Corporate Services & City Solicitor be received; 2. That the Solar Array Roof Lease Agreement between the City of Pickering and Veridian Connections Inc., Solera Sustainable Energies Company Limited and Queen Street Solar Co-operative Corporation be approved; 3. That the Mayor and City Clerk be authorized to execute the Solar Array Roof Lease Agreement as set out in Attachment 1 to this Report, subject to minor revisions agreeable to the Director, Corporate Services & City Solicitor; 4. That Council authorize the appropriate City official to undertake the necessary actions required to implement the above recommendations; and 5. Further, that a copy of this Report be forwarded to Veridian Connections Inc., Solera Sustainable Energies Company Limited, and Queen Street Solar Co-operative Corporation. 46 From: Subject: Paul Bigioni Director, Corporate Services & City Solicitor Report to Council Report Number: LEG 02-15 . Date: January 19, 2015 Solar Photovoltaic (PV) Installation under the Provincial FIT 2.0 Program Solar Array Roof Lease Agreement File: L-41 00-005-14 Recommendation: 1. That Report LEG 02-15 of the Director, Corporate Services & City Solicitor be received; 2. That the Solar Array Roof Lease Agreement between the City of Pickering and Veridian Connections Inc., Solera Sustainable Energies Company Limited and Queen Street Solar Co-operative Corporation be approved; 3. That the Mayor and City Clerk be authorized to execute the Solar Array Roof Lease Agreement as set out in Attachment 1 to this Report, subject to minor revisions agreeable to the Director, Corporate Services & City Solicitor; 4. That Council authorize the appropriate City official to undertake the necessary actions required to implement the above recommendations; and 5. Further, that a copy of this Report be forwarded to Veridian Connections Inc., Solera Sustainable Energies Company Limited, and Queen Street Solar Co- operative Corporation. Executive Summary: Further to Council Resolution 153/12 (Attachment 2 to this Report), staff have finalized the terms of the Solar Array Roof Lease Agreement that will ensure that the City's ongoing maintenance, operation and repair of the Claremont Community Centre is not diminished in any way by the installation of the solar panels. Financial Implications: There is no cost to the City for the installation or maintenance of the solar photovoltaic ("PV") system. Under the Solar Array Roof Lease Agreement, the City will receive $6,000 per year over the 20-year term of the lease for a total of $120,000. The revenues generated by this project are fixed by the FIT 2.0 program rules. 47 48 Report LEG 02-15 Subject: Solar Array Roof Lease Agreement 1. Background January 19, 2015 Page 2 On December 10, 2012, Council received Report OS 05-12 regarding the establishment of a solar PV system on the roof of the Claremont Community Centre. Council supported the proposal from Veridian Connections Inc. ("Veridian"), Sclera Sustainable Energies Company Limited ("Sclera"), and Queen Street Solar Co-operative Corporation ("Queen Street Solar") to establish a solar PV system and directed that the revenues from the lease be used to fund future energy conservation, generation and. efficiency initiatives on property owned or leased by the City. The final lease agreement was required to be brought back to Council for approval. Approval has been given for the solar PV installation pursuant to the Province's Feed-in-Tariff ("FIT") Program. 2. Discussion Further to Council Resolution #153/12 (Attachment 2 to this Report), City staff have negotiated a long term roof lease agreement between the City as Landlord and Veridian, Sclera, and Queen Street Solar as Tenant. The lease ensures that the City's ongoing maintenance, operation and repair of the Claremont Community Centre is not compromised by the installation of the solar PV system. Specifically, the lease includes the following key provisions: • allows for an extension of the lease if the roof of the Claremont Community Centre needs to be replaced before the end of the 20 year lease term • at the end of the lease, the City has the option of owning the equipment or requiring the Tenant to remove the equipment from the building at the Tenant's expense • allows the City one cost free removal and replacement of the entire roof during the 20-year lease term • allows the City to undertake localized emergency roof repairs and maintenance during the lease term • requires the Tenant to install all required electrical equipment for the building, and to provide any required permits and certificates for completion and maintenance at its cost. 3. Conclusion It is recommended that Council receive this report and approve the Solar Array Roof Lease Agreement between the City, Veridian, Sclera, and Queen Street Solar substantially in the form of Attachment 1 to this Report. CORP0227-07/01 revised Report LEG 02-15 Subject: Solar Array Roof Lease Agreement Attachments: 1. Solar Array Roof Lease Agreement 2. Council Resolution 153/12 Prepared By: ~mrfiiJYiL~~ Grant McGregor Manager, Sustainability & Economic Development GM/PB:ks Recommended for the consideration of Pickering City Cou1cil Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised January 19, 2015 Page 3 rate Services & City Solicitor 49 50 ATTACHMENT# I TO REPORT# /_EC"l 002-(S j .of. (3 0 SOLAR ARRAY ROOF LEASE AGREEMENT THIS AGREEMENT made as of the __ day of ______ 20 14, BETWEEN: The Corporation ofthe City of Pickering, (hereinafter .called.the "Landlord") -and- Veridian Connections Inc., Solera Sustainable Energies Company Limited, and Queen Street Solar Co-operative Corporation (hereinafter called the "Tenant") IN CONSIDERATION OF the covenants, terms, conditions and agreements contained herein, the Landlord and Tenant covenant and agree as follows:· 1.01 In this Lease: ARTICLE 1 DEFINITIONS (a) "Access Right" means a non-exclusive right over those portions of the Lands and the Building(s) thereon necessary to enable the Tenant to gain access to the Leased Premises, which shall include those portions as · designated by the Landlord from time to time, available for common access and egress for occupants of the Building(s) such as driveways, walkways, and any exits and entrances. Access for the Tenant shall be upon prior reasonable notice to the Landlord at times acceptable to the Landlord acting reasonably. (b) "Article", "Section", "Schedule" and "Paragraph" means and refers to the specified article, section, schedule or paragraph of this Lease. · (c) "Building(s)" means the structure situated on the Lands described in Section (i) below. (d) "Cables" means the wires and cables including, without limitation, electrical cables which may be installed by the Tenant in, over or under those portions -2- of the Building and the adjacent lands owned by the Landlord. including, without limitation, through existing Building conduits, as may be necessary, the location of which shall be subject.to the approval of the tandlord (such ·approval not to be unreasonably withheld),. to connect the Equipment, as may be necessary for the uses set out in Section 4 below. (e) "Commencement Date" means the date described in Section 2.01. (f) "Leased Premises" means that portion of the Lands shown on the Plan, and the "Sketch" attached hereto as Schedule "A". (g) "Equipment" means the solar array, mounting substructure, inverter, meter and all receiving and transmitting equipment to convert sun light energy into electricity and to connect such electricity into a electricity distribution grid. (h) "FIT Program" means the Feed in Tariff Program, as may be an1ended, established by the Ontario Power Authority . . (i) "Lands" means the real property located in the City of Pickering, Province of Ontario, known as the property on 4941 Brock Rd., Pickering ON and including the Building(s) located thereon and surrounding lands owned by the Landlord and all other fixtures and improvements located therein. G) "Lease" means this. lease and all instruments supplemental hereto or m amendment or confirmation hereof. (k) "Operational Date" means the date of commencement of electricity generation by the Tenant's Equipment at the Lands for the purposes of sale pursuant to the FIT Program. (1) "Plan" means the plan attached as Schedule "A". (m) "Rent" means the annual rent payable by the Tenant to the Landlord as provided in Section 3. . (n) · "Term" means the period oftime describedin Section 2.01. (o) "Uses" means the exclusive use of the Leased Premises, where the Tenant's Equipment is located, subject to the terms and conditions contained in this Lease. 2.01 Demise and Term ARTICLE2 DEMISE The Landlord hereby leases to the Tenant the Leased Premises for the Term of twerity (20) years (the "Term") commencing on the frrst day of commercial operation of the solar array (the "Commencement .Date") and ending on the Commencement Date plus twenty (20) years (the "Termination Date"). 51 52 -3- At the Termination Date, the Tenant will agree to transfer ownership of the Equipment to the Landlord for the sum of One Dollar ($1.00) ), or Tenant will remove the Equipment froni the Building at its sole expense, and the Landlord agrees that for a period of up to four (4) months after expiry oi earlier termination of the Lease that the Tenant's Access. Right will be maintained as reasonably required by the Tenant in order to effect such removal. Upon reinoval of the Equipment, the Tenant shall restore the Roof area and others areas that it used to the condition in which they existed prior to the installation of such equipment, save and except for normal wear and tear, and the Tenant shall be responsible for repairing any damage caused to the Roof; the Building or the Lands by such removal. 3.01 Rent ARTICLE3 RENT The Tenant shall pay to the Landlord Rent as follows: (a) On the Operational Date, and on each anniversary of the Commencement Date the sum of Six Thousand Dollars ($6,000) plus the applicable HST taxes thereon shall be payed. USE OF LEASED PREMISES 3.02 The Landlord grants permission to the Tenant and the Tenant shall have the right, all at the Tenant's expense subject to Section 4.04: (a) To install, operate, maintain, repair, remove and replace the Equipment upon or within the Leased Premises in a good and workmanlike manner; (b) To connect the Equipment to the utility company electrical power source at point of common coupling within the Leased Premises; (c) Except as prevented by emergencies or reasons beyond the Landlord's control, and upon providing at least 24 hours notice to the Landlord, to have access to the Leased Premises 24 hours a day 7 days a week and such other . rights as are necessary for the installation, operation, maintenance, removal and replacement of the Equipment; and, (d) To use the Leased Premises including the Equipment for the purpose of generating electricity from solar energy. ARTICLE4 TENANT'S COVENANTS 4.01 The Tenant covenants and agrees with the Landlord that throughout the Term, the Tenant shall: (a) (b) (c) -4- Pay Rent in accordance with the Lease; Be responsible for all' costs relating to the Equipment including the cost of buying, installing and operating the Equipment; · Hold insurance in the name of the Landlord as additional insured in the event that the Tenant, or one of its agents, damages the Leased Premises during the installation or maintenance of the Equipment;· (d) Provide maintenance as needed to maintain optimal generating efficiency of the Equipment; and, (e) Provide 24 hours notice to the Landlord prior to exercising its Access Right save and except at least in the event of emergencies involving the Equipment. 4.02 Construction (a) (b) (c) (d} All construction and maintenance of ¢.e Equipment will be carried out by the Tenant at its own expense and in compliance with all Building(s) code, laws and by-laws of all governmental authorities having jurisdiction. Upon termination of this Lease, the Tenant shall remove all of the Equipment at its own expense and return the Leased Premises and the Building(s) where applicable to its condition before the commencement of this Lease save and except for reasonable wear and · tear. Any materials, including Cables, which may lie beneath the surface of the Leased Premises or the surface of the Lands will not have to be removed by the Tenant, unless the same are required to be removed pursuant to applicable laws, and the Tenant shall repair any damage to the Leased Premises and/or the Building(s) caused by the removal of the Equipment .or any part thereof, at the sole cost of the Tenant. Tenant is to install all of the required electrical equipment for the project, and provide any required permits and certificates for completion and maintenance of such, at their cost. Inverters are to be located on the north side of the gym exterior wall, and to be secured by means of a metal post and chain link enclosure with pad lock gate. The enclosure shall meet all safety clearances and regulations, and the City is to be provided with access key (min. 3). Conduit and Equipment locations to be approved by the City priqr to installation. 4.03 Indemnity Save for the gross negligence of the Landlord and those persons authorized by ·the Landlord to be on the Leased Premises, the Tenant shall indemnify and save harmless the Landlord against all losses, costs, charges, expenses, actions, suits, claims or damages arising out of or as a result of: · 53 54 -5- (a) any breach, violation, or non-performance of the terms, covenants and obligations on the part of the Tenant set out in this Lease; (b) any damage to the Building( s ); and (c) any injury to or death of any person resulting 'from the use of the Leased Premises or any act or omission committed by the Tenant, its servants, agents, employees or contractors or those for whom it is fu law responsible. 4.04 Restrictions On Use , (a) The Leased Premises andthe Equipment shall be used by the Tenant only for the purpose of the Uses. · (b) In the construction, operation~ installation, maintenance, removal and ·replacement of the Equipment and the Uses of the Leased Premises, and in using the Access Right, the Tenant shall: (i) cause no material inconvenience to the Landlord and any other tenant of the Landlord or occupant of the Building(s) or any part th~reof; (ii) complete all of its work as expeditiously as reasonably possible; (iii) use competent and, where required by law, licensed workmen and perform all work in a good and workmanlike manner using new or first class or re- conditioned Equipment and materials; (iv) not commence any work or install the Equipment unless all necessary permits have been obtained. Evidence of the said approvals satisfactory to the Landlord, acting reasonably, will be delivered to the Landlord upon written request; and, (v) carry out the installation, maintenance, operations, removal and replacement of the Equipment, at its sole expense. 4.05 Loss or Damage None of the Landlord, nor those for whom it is in law responsible, shall be liable for any death o:r injury arising from or out of any occurrence in, upon, at or relating to the Leased Premises or the Equipment or damage to property of the Tenant or of others located on the Leased Premises or the Equipment, nor shall they be responsible for any loss or damage to any property of the Tenant or others from any cause whatsoever, except if such death, injliry, loss or damage results from the gross negligence of the Landlord or those for whom .it is in law responsible. All property of the Tenant kept or stored on the Leased Premises or the Equipment shall be so kept or stored at the risk of the Tenant only and the Tenant hereby releases the Landlord and shall indemnify the Landlord and save it harmless from any claims arising out of any damages to the same including, without limitation, any subrogation claims by the Tenant's insurers unless such damage is caused by the gross negligence of the Landlord and those for who it is at law responsible. -6- 4.06 Insurance The Tenant shall, during the Term and any renewal, take out and keep in full force and effect in the names of the Tenant (the Landlord being added as an additional. insured) public liability insurance applicable to all operations of the Tenant and which shall include bodily injury liability and property damage liability. personal injury liability, contractual liability, non-owned automobile liability and Tenant's legal liability with respect to the Tenant's occupation of the Leased Premises and the Equipment used in the Building(s). Such policy shall be written on a comprehensive basis with limits of not less than $5,000,000 per occurrence and shall contain a severability of interest and cross- liability clause, and shall be non-contributing with, and shall apply only as primary and not as excess to any other insurance available to the Landlord. The Tenant agrees that certificates of insurance or, if required by the Landlord, certified copies of such insuranc~ policy will be delivered to the Landlord on request. The said policy shall contain an undertaking by the insurers to notify the Landlord in writing not less than thirty (30) days prior to any reduction in coverage, cancellation or other termination of the said policy. Failure to take out or keep in force such policy shall enable the Landlord as follows: (i) without assuming any obligation in that regard, to effect such insurance, at the sole cost of the Tenant, and all payments.made by the Landlord therefor shall within thirty (30) days become payable by the Tenant, or be recoverable by tile Landlord as Rent (ii) to terminate this lease herein upon 20 days written notice without any payment and/or penalty to be paid to the Tenant. 4.7 ·use of the Equipment The Equipment shall be used in a safe, careful and proper manner so as not to contravene any present or future laws, regulations or orders or the requirements of the Landlord's or Tenant's insurers. If due to the Tenant's use of the Equipment, repairs, improvements or alterations to the Building(s) or any part thereof, are necessary to comply with any of the foregoing, the Tenant shall pay the entire cost thereof. 5.01 Quiet Enjoyment ARTICLES LANDLORD'S COVENANTS Subject to the performance by the Tenant of all of the obligations herein contained, the Tenant shall have quiet enjoyment of the Leased Premis~s. The Landlord or those parties for whom it is in law responsible shall not cause the Equipment to be offline for more than fifteen (15) days, unless such cause is beyond the reasonable control of the Landlord because of weather conditions, strikes, labour and material shortages, Acts of God, fire, ·lightning, laws, regulations, rules and by-laws of any governmental authority having jurisdiction or unless such cause results from the Landlords repairs and/or replacements to the Building and/or Leased Premises. The Landlord shall· have no right to interfere with the Equipment in any manner whatsoever, unless the Landlord is required to do so in order to comply with the laws, regulations, rules and by-laws of any governmental authorities having jurisdiction and/or unless the Landlord is required to initiate and complete repairs and/or replacements to the Building and/or the Leased Premises. 55 56 -7- 5.02 Access (a) In consideration of the Rent and other good and valuable consideration set forth in this Lease, the Landlord hereby grants to the Tenant during the Term and any extensions thereof the non-exclusive use ofthe Access Right. (b) The Access Right shall be for the benefit of and be appurtenant to the leasehold interest created by this Lease and for the use and enjoyment of the Tenant, its assignees, subtenants, licenses and their respective employees, servants, contractors, subcontractors and agents. (c) The Access Right shall be construed as running with and binding ripon the Lands and all parts thereof. · (d) Notwithstanding the foregoing, the Tenant's non-exclusive right to the Access Right granted pursuant to this Section shall be subject to the restrictions contained in Section 4.04. 5.03 Landlord's Co-Operation The Landlord covenants and agrees, at the sole cost to the Tenant, to co-operate with the Tenant in obtaining all necessary. consents of the municipality and other governmental authorities having jurisdiction with respect to the construction, operation, maintenance, repair and replacement of the Equipment and to this end, will, without restricting the , foregoing, execute at Tenant's expense all necessary authorizations to enable the Tenant to obtain building permits, site plan approvals, by-law amendments or minor variances (provided such by-law amendments or minor variances are not adverse to the Landlord's interest acting reasonably) and to obtain the release of any information with respect to the Leased Premises or the Landlord's Lands of which the Leased Premises form a part from any such autl).orities and to enable the Tenant to obtain plans and drawings from the municipality, or any architect or engineer, provided that all of the foregoing shall be at the sole cost of the Tenant. 5.04 Governmental Authority The Tenant agrees to observe and comply with all laws, statutes, regulations, by-laws, codes and requifements of all municipal and governmental authorities having jurisdiction over the Lands, applicable to the installation, use, repair, replacement and removal of the Equipment. 5.05 Owner ofLands The Landlord has the authority to .enter into this Lease and, other than the Landlord, there are no further owners of the Lands. 5.06 Repair or Replacement ofRoof One free removal and replacement during the Term: -8- The Tenant willpay for the costs incurred by the Tenant for the removal and replacement (the "Relocation Costs") of the whole roof Equipment once during the Term to facilitate the Landlord in replacing the roo£ The Landlord shall replace the roof within 28 days of the day following the completion of removal of the Tenant's Equipment, having made the roof ready for reinstallation of the Equipment. The Tenant shall be relieved from payment of any roof rent on a per diem basis, commencing on the day following the completion of removal of the Tenant's Equipment and continuing until the roof work has been completed, allowing fot reinstallation of the Equipment by the Tenant Should the ·Landlord exceed the 28 day period, the Tenant shall be entitled to collect the Production Interruption Fee beginning on the 29th day and continuing until the roof is ready for reinstallation of the Equipment. The Landlord shall exercise its best efforts to avoid undertaking a roof replacement during the months of June, July and August. The Landlord shall not unreasonably replace the roof. If at any time during the Term, the Landlord believes that the roof must be replaced, Landlord shall commence re-roofing only based on the recommendations contained in an independent professional consultant's report. The Landlord shall make the consultant's report available to the Tenant. · · Emergency roof repair: The Tenant acknowledge~ that from tinle to time during the Term, the Landlord may require the Tenant to remove and replace, at its cost, part of the Equipment to facilitate necessary emergency repairs to the roo£ If part of the Equipment is required to be removed and replaced, the Tenant shall be relieved from payment of any roof rent for the affected System Zone(s) on a per diem basis, commencing on the day following the completion of removal of the Tenant's Equipment and continuing until the roof work has been completed, allowing for reinstallation of the Equipment by the Tenant. A System Zone means all solar panels that are connected to a particular inverter, of which there are ten (10) inverters. Example: solar panels are required .to be disconnected and their electrical connections are made to two inverters.. This will result in a 20% reduction in roof rent. Production Interruption Fee: The Production Interruption Fee will be calculated on·a per diem basis utilizing the average of the three prior year's monthly FIT revenue production values. The daily Production Interruption Fee shall not exceed the amount of$300.00. Sample Production Interruption Fee calculation: Example: The Equipment is removed and re-roofing is completed on day 35, exceeding the 28 day period by 7 days. The month of roof replacement is a month having 30 calendar days, and the average of the 3 prior years' same-month FIT revenue· for the Equipment was $1,000. Production Interruption Fee Calculation: $1,000 X 7/30 = $233.33, or $33.33per day. 57 58 -9- 5.06.1 Landlord's Remediation of Roof: In advance ofthe Tenant's installation-'pfthe Equipment, the Landlord agrees to perform all remedial actions to the roof as recommended and described in the report Roof Condition Survey, produced by Peto MacCallum Ltd.; dated November 21, 2014. Such remedial actions may be limited to areas required for access to, or installation of, solar panel equipment . 5.07 Legal Status The Landlord is at least eighteen (18) years of age. The Landlord now has and shall ·continue to have the full right, power and authority to assign and transfer the Leased Premises under the terms of the Lease and to perform all of the other obligations to be performed by the Landlord under this Lease. - 5.08 (a) Sale ofLands In. the event that the Landlord enters into an agreement to sell·the Lands, the Landlord shall notify the Tenant in writing of the proposed sale and the Landlord shall cause the purchaser to assume the Lease with no change in terms or conditions ofthe lease. (b) In the event that the Landlord wishes to de~olish the building at any time during the term of the lease the Landlord may terminate this Lease upon 60 days prior written notice to the Tenant and in which event the Landlord shall pay to the Tenant the penalty fee described in Section 6.03 herein and Tenant shall remove its equipment forthwith at its cost and shall be responsible for all repairs and replacements to the building caused by such removal. 5.09 ·No Grant of Third Party Rights The Landlord shall Jiot take any action or grant any third party any rights in the Leased Premises that may materially interfere with the development, construction or operation of the Equipment on the Lea$ed Premises. Notwithstanding the generality of the aforesaid the Landlord shall not be prevented from mortgaging the lands and building and/or granting collateral security to any lender during the term of the Lease and any renewal thereof .. The Tenant hereby agrees to execute a postponement of this Lease Agreement in favour of any mortgagee or lender of the Landlord upon the written request of the Landlord and the Tenant hereby authorizes the Landlord to execute said postponement on its behalf in the event the Tenant fails or refuses to execute and deliver said postponement to the Landlord '(lpon request. 5.10 Estoppel The Landlord covenants and agrees not to commence any action or proceeding against the Tenant with respect to noise, odours, lighting or any other nuisance created by or in respect of the Equipment and the Landlord is hereby estopped from pursuing such action or proceeding unless the Landlord is required to take such action or proceedings in order -10- to comply with any laws, rules, regulations and by-laws of any governmental authorities · having jurisdiction. ARTICLE6 TERMINATION OF LEASE 6.01 Interference witl:i Energy Conversion If operations of any nature or kind whatsoever materially interferes in any manner with . the conversion of solar energy to electricity by the Equipment or should the construction of or the operation of the Equipment in the opinion of the Tenant acting reasonably be or become commercially impractical or impossible by reason of government decision, law, by-law or regulation, the Tenant may terminate this Lease by giving sixty (60) days written notice to the Landlord. In the event of such termination, any amounts owing and payable under the Lease shall be adjusted on a per diem basis to the date of termination and the Tenant shall, at its sole cost and expense, remove the Equipment from the Leased Premises in good and workmanlike manner and shall. be responsible for all repairs and replacements to the building caused by such removal. 6.02 Damage and Destruction (a) In the event that the Equipment through no fault of the Tenant, shall be destroyed or damaged in such a manner that its performance is substantially impaired, the Tenant may repair or rebuild at the Tenant's expense, or at its option, to be exercised by the delivery of written notice to the Landlord within thirty (30) days of such damage or destruction, surrender this Lease and yield up possession of the Leased Premises to the Landlord. In the event of such termination, any amounts owing and payable under the Lease shall be adjusted on a per diem basis to the date of termination and the Tenant shall remove the Equipment at Tenant's expense in a good and workmanlike manner forthwith and shall be responsible for all repairs and replacements to the Building caused by such removal. (b) In the event of significant damage to the Building, the Landlord shall, in its sole · discretion, decide whether or not to reconstruct the Building. In the event that the Landlord decides not to reconstruct the Building, then this Lease Agreement shall be at an end, the Landlord and the Tenant shall have no further obligations to each other hereunder, and the Landlord shall not be required make any penalty payment pursuant to ?ection 6.03 of this Lease Agreement. 6.03 Early termination Subject to the terms and conditions contained in this Lease herein, in the event that the Landlord terminates the lease early for any reason other than the default of the Tenant described in this Lease Agreement, an early termination compensation in the form of a penalty (schedule "B") will be applicable. The Landlord shall pay this penalty for early termination to the Tenant within 3 0 days of the day of termination. Upon payment of the Penalty to the Tenant, the Tenant shall at the request of the Landlord and at the cost of 59 60 -11- the Tenant, remove all equipment in a good and workmanlike manner forthwith and shall be responsible for all repairs and replacements to the Building caused by such rem~val." 6.04 FIT Program Conditions not met · In the event that any of the pre-construction requirements (a) through (d) below are not met, this agreement_ will become immediately null and void. a) FIT Contract Offer received from. OP A under FIT2.0 program rules and prices as last published by the OPA up to October 30, 2012. b) Acquisition of successful Capacity Impact Assessment from Hydro One c) Acquisition of Notice to Proceed from the OPA d) Satisfactory business arrangement established with Aboriginal or Community Partner e) Veridian Board of Directors approves of all above conditions 7. 0 1 Default . ARTICLE7 . DEFAULT ·rn the event that the Landlord has delivered to the Tenant a notice in writing in accordance with this section, of the Tenant's failure to pay Rent or-the Tenant's non- performance of its covenants contained in this Lease, the Landlord shall have the right to terminate this Lease on the sixtieth (60th) day after such notice is delivered to the Tenant if the Tenant has not duly cured the default described iri the Landlord's notice. Termination by the Landlord for the Tenant's default shall not require the Landlord to pay any penalty to the Tenant and the Landlord shall have the option to retain the equipment or require the Tenant to remove the equipment at Tenant's expense. ARTICLES ASSIGNMENT AND SUBLETTING 8.01 Assignment and Subletting Provided the Tenant is not in default hereunder the Tenant may with the prior written consent of the Landlord assign its rights and obligations under this Lease or sublet or licence all or P8!1 of the Leased Premises to a third party, which consent may not be unreasonably withheld. In the event the Landlord consents to the assignment subletting or licensing of the Lease hereunder, the Assignee or Subtenant or Licensee must execute and deliver to the Landlord an acknowledgement acknowledging and agreeing to be bound by the terms and conditions of this Lease herein; provided that in no event shall the Tenant be released from its obligations under this Lease. -12-. 8.02 Tenant's Financing The Tenant may, with the Landlord's prior written consent, grant a fixed or floating charge by way of a mortgage, charge, or assignment of this Lease to a bank or other fmancial institution, provided that the foregoing shall not permit any registrations against the Lands or Building(s) whether pursuant to the Personal Property Security Act (Ontario) or otherwise, and shall in no way prejudice or affect the priority of the Landlord's rights or the obligations of the Tenant under the terms of this Lease. Upon the request of the Tenant's mortgagee, the Landlord agrees to execute .at Tenant's expense any additional documents reasonably required to evidence the Tenant's mortgagee's rights under the Lease; provided that such documents meet with the approval of the Landlord's solicitors acting reasonably. Notwithstanding the foregoing, the Tenant shall not be permitted to grant arty security interest, charge, mortgage, lien, or other investment in the Equipment which has priority over or violates the terms of any mortgage or charge of the Lands granted by the Landlord. 9.01 Notice ARTICLE9 ADDITIONAL PROVISIONS Any notice, demand, approval, consent, information, agreement, offer, request or other communication (herein referred to as a "Notice") to be given under or in connection with this Agreement shall be in writing and shall be given by personal delivery during regular business hours on any Business Day or by facsimile transmission or other electronic communication which results in a written or printed notice being given, or by email with confirmation of transmission received, addressed or sent as set out below or to such other address or electronic number as may from time to time be the subject of a Notice: . (a) to Tenant, at: MARK TURNEY VERIDIAN CONNECTIONS INC. 55 TAUNTON RD. E. AJAX, ON, LIT 3V3 FAX: 905-837-7861 TEL: 905-427-9870 EMAIL: MTURNEY@VERIDIAN.ON.CA / (b) to Landlord, at: 61 62 -13- PICKERING CIVIC COMPLEX, ONE TilE ESPLANADE PICKERING, ON, LlV 6K7 ATTENTION: CITY CLERK FACSIMILE: 905.420.9685 TELEPHONE: 905.420.4660 EMAIL: DSHIELDS@PICKERING.CA. 9.02 Interpretation Words importing the ·singular number shall include the plural_ and vice versa. Words importing the neuter gender shall include the masculine and feminine genders, and words importing person shall include firms and corporations, and vice versa. 9.03 Entire Agreement This Lease including the Schedules hereto co~stitutes the entire agreement of the parties and supersedes all prior agreements and understandings whether written or oral relative to the subject matter hereof. 9.04 Amendment or Waiver No provision of this Lease shall be deemed amended or waived by a course of conduct unless such amendment or waiver is in writing signed by all parties and stating specifically that it was intended to modify this Lease. 9.05 Successors and Assigns This Lease shall be binding_ upon and enure to the benefit ofthe parties hereto and their respective successors and permitted assigns, heirs and personal representatives. 9.06 Governing Law This Lease shall be governed by the laws of the jurisdiction in which the Leased Premises are situate. 9.07 Construction Liens The Tenant shall indemnify and hold the Landlord harmless from and against any liability, claims, damages due to or arising from any claim made against the Leased Premises, the Building(s) or the Lands for all construction liens related to all work done by or on behalf of the Tenant and all·work which the Tenant is obligated to do and any such liability, claims, damages or expenses incurred by the Landlord shall be paid by the Tenant to the Landlord forthwith on demand; and the Tenant shall cause all registration of claims for construction liens or certificates of action under the Construction Lien Act (Ontario) and relating to any such work done by or on behalf of the Tenant and all work which the Tenant is obligated to do, to be discharged or vacated, as the case may be, -14- within the earlier of fifteen (15) days of such registration and within five (5) business days after notice from the Landlord. 9.08 Ownership ofEquipment - Provided that the Tenant is not in default hereunder the Landlord shall have no interest in or title to any electric energy, system support services, emissions credits, carbon credits, greenhouse gas (ORO) credits, renewable energy certificates or green tags or other similar credits produced or generated from any solar power project operated by or on behalf of the Tenant on the Lands. The .Landlord shall have no interest in or title to any data, evaluations or studies obtained by or on behalf of the Tenant with respect to the Lands. The Equipment shall always be owned by the Tenant or its aSsignees and shall never form a part of the Lands or become owned by the Landlord without the Tenant's specific intention for such transfer of ownership, save and except when the Landlord distrains against the Equipment when the Tenant is in default hereunder. 9.9 Registration ofNotice The Landlord hereby acknowledges and agrees that the Tenant shall· be. permitted to register a notice relating to this Agreement in the appropriate Land Titles Office. 9.10 Subordination This Lease and all rights of the Tenant (subject to its rights of non-disturbance as described below) shall be subject and subordinate to any and all mortgages or similar instruments given by the Landlord of its interest in all or any part of the Building(s) or the Lands. On request, the Tenant shall subordinate this Lease and its rights under this Lease to any and all such mortgages and to all advances made under such mortgages. Provided always, that the mortgagee shall agree to permit the Tenant to continue in quiet possession of the Leased Premises in accordance with the terms of this Lease so long as the Tenant is not in material default under the terms of this Lease, whether or not such mortgage is in good standing. The form of such subordination shall be as reasonably required by the Landlord or any mortgagee. The Tenant shall promptly, on request attorn to any such mortgagee, or to the owners of the Building(s) or the Lands or the purchaser on any foreclosure or sale proceedings taken under any mortgage, and shall recognize such mortgagee, owner or purchaser as the Landlord under this Lease, provided that the mortgagee, owner or purchaser shall permit the Tenant to continue in quiet possession of the Leased Premises in accordance with the terms of this Lease so long ~ the Tenant is not in default under the terms of this Lease. 9.11 Sale By Landlord The Landlord shall have the right to sell the Lands and terminate this Lease subject to Section 5.08 above or otherwise dispose of all or any part of the Building(s) and the Lands or this Lease or any interest of the Landlord in this Lease. To the extent that the purchaser or assignee from the Landlord assumes the obligations of the Landlord under this Lease or in the event the Landlord terminates this lease, the Landlord shall thereupon and without further agreement be released of all liability under this Lease. 63 64 -15- 9.12 Independent Legal Advice The Landlord acknowledges that it has read and understands this Agreement and acknowledges that it has had the opportunity to obtain independent legal advice with respect to the Agreement . · 9.13 Number of Solar Arrays The Tenant shall with the Landlord's prior written approval, which approval shail not be unreasonably withheld, determine the number of solar arrays that may be installed on the Leased Premises at any given time, subject to the Buildllg and Zoning By-laws arid the applicable requirements of any other governmental authorities having jurisdiction. The style and placement of the. solar array(s) will subject to an independent structural engineer's report permitting such style, placement and number of solar panels. 9.14 Independent Parties The Landlord shall have no interest in, or title to, any data, evaluations or studies obtained by, or on behalf of the Tenant, with respect to the Leased Premises. Nothing contained in this Lease shall be. deemed or construed as establishing a partnership or joint venture between the· parties, a principal-agent relationship, or any relationship other than lessor and lessee. 9.15 Currency Unless otherwise·indicated, all dollar amounts referred to in this Lease are in Canadian funds. 9.16 Time ofEssence Time is of the essence of this Lease Agreement. 9.17 Counterparts This Agreement may be executed in several counterparts, and each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument and, notwithstanding their date of execution, shall be deemed to be dated as of the date first written above. -16- IN WITNESS WHEREOF the Landlord and the Tenant have duly executed this Agreement the day and ye(J.r first above written. Witness: Landlord: Witness: Landlord: . Witness: Landlord: Witness: Tenant: Witness: Tenant: Witness: Tenant: 65 -17 -. SCHEDULE"A" Sketch of Leased Premises Claremont Community Centre I Fire Station 4 I • -· ~ ,.&th l ll4t.uurt ~. clttanc• Mtwte" rwo poln 11~1 66 -18- Inverter. Location 67 -19- SCHEDULE "B" Penalty Fee The Penalty is calculated based on an amount of not less than the net present value of Tenant's remaining future gross Feed-in Tariff revenue, discounted atthe average of the Bank of Canada's prime interest rate for the three years preceding termination of this Agreement, or the on the day of termination of this Agreement, whichever is greater, · 68 69 -20- SCHEDULE :'C" Rental Schedule Rental revenue Year 1 $6,000 Year2 $6,000 Year3 $6,000 Year4 $6,000 YearS $6,000 Years $6,000 Year? $6,000 YearS $6,000 Year9 $6,000 Year 10 $6,000 Year 11 $6,000 Year 12 $6,000 Year 13 $6,000 Year 14 $6,000 Year 15 $6,000 Year 16 $6,000 Year 17 $6,000 Year18 $6,000 Year 19 $6,000 Year20 $6,000 Total $120,000 . . ATTACHMENT# c:( I ~ Legal and Leg1slat1ve Serv1ces . TO REPORT# "c 6r Clerk's Office I .of. I o;;-(S Directive Memorandum December 14, 2012 To: From: Subject: Tom Melymuk Director, Office of Sustainability Debbie Shields City Clerk Direction as per Minutes of the Meeting of City Council held on December 10, 2012 Director, Office of Sustainability, Report OS 05-12 Solar PV Installation under the Provincial FIT 2.0 Program Proposal for a Roof Lease at the Claremont Community Centre Council Decision Resolution #153/12 1. That Council receive Report OS 05-12 concerning the establishment of a roof-top solar PV system at the Claremont Community Centre; 2. That Council support the proposal set out in Attachment 1, submitted by Veridian Connections Inc. and Solera Sustainable Energies Company Limited, to lease roof space at the Claremont Community Centre, and authorize the appropriate City officials to enter into a roof-lease agreement as set out in the proposal, if the project is granted a contract under the provincial Feed-in-Tariff (FIT) 2.0 program; 3. That Council adopt a project specific resolution as set out in Attachment 2 to this Report, to be used in support of a submission to the Ontario Power Authority for a contract offer for this project under the FIT 2.0 program; 4. That all City revenues generated from this project be used to fund future energy conservation, generation and efficiency initiatives on property owned or leased by the City; and 5. That the lease agreement be brought back to Council for approval. Please take any action deemed necessary. Debbie Shields /lr Copy: Chief Administrative Officer 70 By-laws 7401/15 7402/15 7403/15 7404/15 7405/15 January 19, 2015 Being a by-law for the collection of taxes and to establish the instalment due dates for the Interim Levy 2015. [Refer to Joint Planning & Development and Executive Committee pages 30 -32] Being a by-law to amend By-law 7212/12, which governs the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. [Refer . to Joint Planning & Development and Executive Committee page 1 04] Being a by-law to establish that part of Lot 22, Registrar's Compiled Plan 819, designated as Part 4, Plan 40R-20788 and that part of Lot 23, Registrar's Compiled Plan 819, designated as Part 3, Plan 40R-20788, as public highway. (By-law attached) Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Lots 15 & 16, Concession 1, City of Pickering. (A 3/14) (By-law attached) Being a by-law to stop-up and close Tracy Street, Plan 94, Pickering, as public highway and authorize the sale of a portion of it, subject to required easements. (By-law attached) 71 To: Debbie Shields City Clerk From: Denise Bye Supervisor, Property & Development Services Copy: Director, City Deveiopment Director, Corporate Services & City Solicitor Division Head, Water Resources & Development Services Chief Plann~r · Subject: Request for Road Establishing By-law Owner: Martin Gaffney LD 024/14 Memo January 5, 20~5 Part Lots 22 and 23, Registrar's Compiled Plan 819, being Parts 3 and 4, 40R-20788 (Fairport Road) File: Roadded.556 In November 2001, the City-acquired road widening blocks designated as Parts 3 and 4, 40R-20788 fronting Fairport Road. These road wide.ning blocks were to be established as public highway upon the development of the adjacent lands. · The development of the lands adjacent to Part 3 has been completed and the lands adjacent to Part 4 (severed into 2lots in accordance with LD 024/14) are ready for development. Accordingly, it is now appropriate to pass a by-law establishing Parts 3 and 4, 40R-20788 as public highway thereby giving legal frontage to the adjacent lots. Attached is a location map and a draft by-law for the consideration of City Council at its meeting scheduled for January 19, 2015. · · DB:bg Attachments Location Map Draft By-law 72 73 oET/>JLT I ISCALE Nr.s '"'~ \~ 1----+-----1 ~ . r---lhr----J~~ II\ 't= rr------+----+.0::. I ---lll-t-+j -= -= -ljg5 VOYAGER 4\1£ I ~ SUBJECT LANDS It- I-tt 0 (]_ 0:: ~ r tri rrn 11---l--1 1~-~d~~.---r---~ T.} TROUDS LANE r---1 I r---~ I I :== :::::::::( WINGARD EN CRESCENT 1-----'.---\ ~ I 4'! • 2j - - 1-- 1-- I-- - r---11--t-----~o t--1>0(: f"oo ~UBJEQJ\ - 1-----f----1~1------1 ~ .IJ &.~/ I <t -~·. :;::;;:,..(.. $:- r--~l===l====l ~ ~ 1---r----1 ~ .>CC U'lw,;;;n ~ W _ SHADYBROOK ~ ~1---+----I::::J I I l___ ~ ' q'- 1---+----l:i: r---I -" PARK --UlJ. 1!-------'-"''-l'v' .rl '--l---+----lt5 -I ~. 1----+----i=> - 1----t----llt - 1---+----l(f)- = r---1111~· I~,_ BOURG. Y.5' \ - SEPARATE 'HODL :== :o.:: u . ~t--.--,--,r-.--l-1 I ', I ~~\ ~ ~~~ "~\8 r=J I VENUE ~-~ I . ~~· ~OE,..,.N '""'. ~cR""E""'sc""E"'"'NT""' GOLDEN RIDGE E:-- r-= . JACQUELINE ~ /I I I I ~ I I \ ~ 1 . I \ 0 WELIRUS STREET 0:: -~ \ -~ ........ ~· lliliiJJ~ ~ ~ ~ ;:= ~ _J \ Pt ~~~~~~---G == I II 1\1 ~ ~ 0:: z vr--)>!---~---<( I T / -\ i 1w J 0 ~t:: ~ ,....""T""T..,....,--,-:'=s:.;..P~R"""'u::..:.~c:.;E~l----t-----1 RUSHTON ROAD ~ ~ 1' 1 ~URT ,----~ _h-j j lx'--I I I 1 ~1--~n'tl..---11 Location Map ~ FILE No: ROADDED. 556 APPLICANT: City of Pickering City Development The Corporation of the City of Pickering By-law No. Being a by-law to establish that part of Lot 22, Registrar's Compiled Plan ~ 819, desi9nated as Part 4, Plan 40R-20788 and that part of Lot 23, Registrar's Compiled Plan 819, d~signated as Part 3, Plan 40R-20788, as public highway. Whereas The Corporation of the City of Pickering is the owner of that part of Lot 22, Registrar's Compiled Plan 819, designated as Part 4, Plan 40R-20788 and that part of Lot 23, Registrar's Compiled Plan 8:19, designated as Part 3, Plan 40R-20788, and wishes to establish them as public highway. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That part of Lot 22, Registrar's Compiled Plan 819, designated as Part 4, Plan 40R-20788 and that part of Lot 23, Registrar's Compiled Plan 819, designated as Part 3; Plan 40R-20788 are hereby ~stablished as public highway (Fairport Road). By-law passed this 19th day of January~ 2015. David Ryan, Mayor Debbie Shields, City Clerk 74 75 Memo To: Debbie Shields CitY Clerk January 14, 2015 From: Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design Principal Planner-Strategic Initiatives Subject: Amending Zoning By-law Zoning By-law Amendment Application A 3/14 Durham Live-Pickering Developments (401} Inc., Pickering Developments (Bayly) Inc. and Pickering Developments (Squires) Inc. 1802 and 1902 Bayly Street and 2028 Kellino Street Amending By-law # 7 404/15 Statutory Public Meeting Date April 7, 2014 Planning & Development September 2, 2014 Committee Date - .. Purpose and Effect of By-law To amend Zoning By-law 2511, as amended, to permit the - - development of an integrated_major tourist destination that will permit a range of tourist-oriented uses, in phases, through the use of an urban reserve zone and holding provisions requiring development agreements to be executed to address implementation details including appropriate transportation network improvements to accommodate the scale of the development. Council Meeting Date January 19, 2015 RP:Id J:\Documents\Development\D-3300\2014\A. 03-14 Pickering Developments-Durham Live\Application Processing\By-law Memo to Clerk Attachment By-law Text and Schedules The Corporation of the City of Pickering By-law No. 7404/15 Being a by-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Officiai.Pian of the City of Pickering, Region of Durham in Part of Lots 15 & 16; Concession 1, City of Pickering (A3/14) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the sub jed lands being Part of Lots 15 & 16 Concession 1, in the City of Pickering to permit the development of a Major Tourist Destination and to rezone certain lands Urban Reserve as an interim zone until further information is provided; And whereas it is appropriate to amend By-law 2511, as amended, to permit such uses; And whereas it is appropriate to permit the development of a Major Tourist Destination in phases with the use of holding provisions to ensure development agreements are executed and appropriate transportation network improvements are implemented to accommodate the increasing scale of the development over time; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: · 1. Schedules I and II Schedule I and Schedule II attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands being Part of Lots 15 & 16, Concession 1 in the City of Pickering, designated "MTD", "MTD (H-1) (H-2) (H-3)", "MTD (H-2) (H-3)", "MTD (H-3)" and "UR" 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 except in conformity with the provisions of this By-law. 4. Defin.itions In this By-law, (1) "Amphitheatre"shall mean an open-air venue used for entertainment and performances having tiers of seats arranged around a central area. 76 77 By-law No. 7 404/15 Page 2 (2) (3) (4) (5) (6) (7) (8) (9) (1 0) ''Arena" means a building or part thereof, in which the prinCipal facilities provide for recreational activities such as curling, skating, hockey, lacrosse, broom ball or other simiiar athletic activities, entertainment activities such as·concerts, trade shows or other live performanc~s, and which facilities may include dressing rooms, concession booths for the provision of food and refreshments, bleachers, equipment for making ·artificial ice and other such accessory facilities. "Art Gallery" means premises where paintings, sculptures, or other works of art are exhibited or sold. "Bake Shop" means an establishment where baked goods are made and sold to the public. "Building" means a structure occupying an area greater than 10 square metres and consisting of any combination of walls roof and floor but shall not include a mobile home .. "Business Support Services" means an establishment used to provide support services to businesses which are characterized by one or more of the'following feature,s: the use of mechanical equipment for printing, duplicating, binding or photographic processing; the provision of office maintenance or custodial services; the provision of office security; and the sale, rental, repair or servicing of office equipment, furniture and machines. Typical Uses include printing establishments, film processing establishments, janitorial firms and office equipment sales and repair establishments, · "Commercial Fitness I Recreational Centre" means a commercial establishment in Which indoor fitness and recreational facilities such as . . . . .. bowling alleys, miniature golf courses, rollerskating rinks, squash courts, sw!mming pools, exercise Classes and other indoor recreational facilities are provided and operated for gain or profit, but does not include an arena, stadium or place of amusement or entertainment as defined herein. "Commercial School" means a building, or part thereof, where instruction of a skill is provided for profit and may include instruction in a trade, business, art, music, dance, cooking, athletic skill or any other specialized instruction but does not include a commercial. fitness/recreation centre. ·"Community Centre" means a multi-purpose facility or part of that facility owned and operated by the City of Pickerin'g, which offers a variety of programs and facilities of a recreational, cultural, community service, information or instructional nature. "Convenier1ce Store" means a retail store with a maximum leasable floor area of 500 square metres where articles for sale are restricted to a limited range of goods, primarily food, toiletries, housewares, stationary and other similar daily household necessities, but does not include a supermarket. By-law No. 7404/15 Page 3 (11) "Convention or Conference Centre" means a building or part of a building designed or intended to be used for such purposes as civic meetings, educational meetings, political meetings, conventions, conferences, trade shows, recreational activities or social activities and may include ancillary banquet facilities. (12) "Day Care Centre" means: i. indoor and outdoor premises where more than 5 children are provided with temporary care and/or guidance for a continuous period but does not provide overnight accommodation and are licensed in accordance with the applicable Provincial Act; or, ii. indoor and outdoor premises in which care is offered or supplied on a regular schedule to adults for a portion of a day but does not provide overnight accommodation. (13) "Dry~Cieaner's Distributing Centre" means premises used for the purpose of receiving articles or goods of fabric to be laundered or dry-cleaned elsewhere and does not include a dry cleaning establishment. (14) "Dry Cleaning Establishment'' means premises in which the business of laundry or dry-cleaning is housed and where the cleaning, drying, ironing, and finishing of such goods are conducted. (15) "Entertainment Complex" means a building or part of a building, or group of buildings and facilities designed and intended to be used for a variety of entertainment purposes, such as, but not limited to, major tourist establishment, nightclub, place of amusement, performance arts cer)tre, or waterpark/wavepool. · (16) "Financial Institution" means a building, or part thereof, where money is deposited, withdrawn, kept, lent or exchanged. · (17) "Fio_or Area" means the total area of all floors of a building within the outside walls or outside finished furred partitions of the walls, but does not include a porch, non-walk-in bay window, attic, basement, enclosed or roofed walkways or loading dock. (18) "Gaming Establishment" or "Casino" means an establishment which is used or intended to be used for gaming purposes, such as, but not limited to, the playing or operating games of chance or mixed chance and skill, on which money may be wagered, and includes, but is not limited to, arcades, casino halls, video lottery gaming and slot machine gaming, and where a license has been issued by the Ontario Lottery and Gaming Corporation. (19) "Gross Floor Area" means the aggregate of all floor areas of a building or structure above or below established grade, which floor areas are measured between the exterior faces of the exterior walls of the building at each floor level but excluding any porch, veranda, cellar, mechanical room or penthouse, or areas dedicated to parking within the building. For the purposes of this definition, the walls of an inner court shall be deemed to be exterior walls. 78 79 By-law No. 7 404/15 Page 4 (20) "Gross Leasable Fioor Area" means the total gross floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square metres and measured from the centre line of joint partitions and from outside wall faces. (21) "Ground Floor" means the floor of a building approximately at or first above grade. (22) "Ground Floor Area" means the gross floor area only on the ground floor . . (23) "Height, Building" shall mean the vertical distance between the established grade, at the front of the building, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a ·mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the meari height between eaves and ridge. (24) · "Hotel" means a building, or group of buildings, each containing sleeping accommodation; catering primarily to the traveling public, for rent or hire for temporary lodging. Hotel may also include restaurant, public hall and anCillary services and retail uses, which are incidental and subordinate to the primary hotel function and oriented to serve the hotel patrons. (25) "Landmark Building" means a building that is distinguished and recognized due to architectural excellence, prominent use, cultural importance or its positive contribution to the City of Pickering skyline and sense of place. · · (26) "Loading Space" means an unobstructed area of land which is provided and maintained upon the same lot or lots upon which the principal use is located and which area is provided for the temporary parking of one commercial vehicle while merchandise or materials are being loaded or unloaded from such vehicles. (27) "Lot" shall mean an area of land fronting on a street which is used or . intended to be used as the site of a building, or a group of buildings as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of s4bdivision; (28) "Major Tourist l;stablishment" means a non-retail establishment which provides recreational, leisure, entertainment and tourist activities that is a major attraction due to its uniqueness, significant scale and appeal to visitors, but does not include any other use permitted by this by:..law. (29) "Medical Office" means premises designed and used for the diagnosis, examination, and medical, surgical or physiotherapeutic treatment of human patients, and which may include pharmacies and dispensaries which are limited to the requirements of Retail Sales, Ancillary definition, waiting rooms, treatment rooms and blood testing clinics, but shall not include overnight accommodation for in-patient care. By-law No. 7404/15 Page 5 (30) (31) (32) (33) (34) (35) (36) (37) {38) (39) (40) "Nightclub" shall mean a building, or part thereof, whose primary function is the provision of theatrical performances, pre-recorded music, cir live musical entertCiinment, whether such music is provided for listening or dancing by the patrons, or any combination of the above functions, and where food and/or beverages may be served, but does not include a rE:;staurant. "Office" means a building or part thereof, where administrative and clerical functions are carried out in the management of a business, · profession, organization or public administration but shall not include a medical office. "Parking Area" means one or more parking spaces, including related aisles, for the parking or storage of vehicles. "Parking Garage" means a building, or part thereof, used for the parking of vehicles and may include any permitted use in the first storey, but shall not include any area where vehicles for sale or repair are kept or stored. A parking garage includes underground parking and a parking structure. "Parking Lot" means a lot or portion thereof provided for the parking of vehicles accessory or incidental to the main use. "Parking Space" means an area of land or building that is accessible by a driveway or aisle, having access to a street or lane that is reserved for the purpose of the temporary parking or storage of one vehicle. ''Personal Service Establishment" means a building, structure, or part thereof, where services are provided and administered to individual and personal needs and where retail sale of goods accessory to the service provided is permitted and include, but is not limited to, hair care, aesthetics, health and beauty treatment, dressmaking, tailoring, shoe shinning and repair, laundromat and laundry depot. · "Place of Amusement" means premises which are devoted to the offering of facilities for the playing of any game for the amusement of the public, and includes a cinema or other theatre, billiard or pool rooms, bowling alleys or, electronic games. "Private Club" means a building, or part thereof, used for social, cultural, · athletic or recreational activities by its· members and guests or by a fraternal organization, which are not operated for profit. · "Performance Arts' Centre" shall mean a building or part of a building used for the rehearsal and presentation of live entertainment such as, but not limited to, music, dance. or theatre. i "Restaurant" means a building or part of a building where the principal business is the preparation pf food for retail sale to the public for immediate consumption on or off the premises, or both on and off the premises but shall not include a night club. 80 81 By-law No. 7 404/15 Page 6 (41) "Restaurant Plaza" means a complex of a minimum of three restaurants that are organized around a landscaped open space area. (42) "Retail Sales, Ancillary" means a retail store use which is associated with, but clearly subordinate to, a Permitted Principal or Secondary Use: (43) (44) (45) (46) (47) (48) i. with a maximum gross leasable area of 15 percent of the building; ii. with a maximum gross leasable area of 500 square metres per anCillary retail sales use; and, iii. with a direct internal access to the Permitted Principal or Secondary Use. "Retail Store" means premises in which goods and merchandise are· offered or kept for retail sale or rental to the public. Tliis definition shall not include any establishment otherwise defined in this By"'"law. "Slot Machine Gaming" means a gaming device, mechanically, electronically or otherwise operated or intended to be operated for gaming purposes by means of insertion of money or cards or coins equivalent to money. . . "Structure" means anything that is erected, built or constructed of parts joined together or ariy such erection fixed to or supported by the soil and/or any other structure but excludes an in-ground swimming pool. "Supermarket" means a building, or part thereof, containing a departmentalized food store, but does not include a convenience store. "Vehicle Rental Establishment" means a building, or part thereof, where new or used vehicles are offered for rent and may include the storage and display of vehicles and may include an associated vehicle repair shop for the repair of th~rental vehicles only. ''Waterpark" or "Wave Pool" shall mean an indoor or outdoor premises where people may bath, swim, or lounge within pools or tanks of water. 5. Provisions ("MTD" Zone) · (1) Permitted Principal Uses ("MTD" Zone) (a) No person shall, within the lands zoned "MTD" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Amphitheatre (ii) Arena (iii) Convention or Conference Centre (iv) Film Studio (v). Gaming Establishment/Casino (vi) Hotel (vii) Medical Office By-law No. 7404/15 Page 7 (viii) Major Tourist Establishment (ix) Office (x) Performance Arts Centre (xi) Restaurant Plaza (xii) Stadium (xiii) Waterpark/Wave Pool (2) Permitted Secondary Uses ("MTD" Zone) (a) No person shall, within the lands zoned "MTD" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following uses which are only permitted when a minimum of two Permitted Principal Use, as listed in Subsection 5. (1) of this by-law have been constructed: · (i) Art Gallery (ii) Banquet Facilities (iii) Botanical Gardens (iv) Cinema (v) Commercial Fitness I Recreation Centre (vi) Commercial Parking Lot and Commercial Parking Lot Structure (vii) Community Centre (viii) Community Gardens (ix) Curling Rinks, Tennis Courts, Bowling Alleys or similar recreational facilities (x) Financiallnstitution (xi) Museum (xii) Nightclub (xiii) Spa (3) Permitted Support Uses ("MTD" Zone) (a) No person shall, within the lands zoned "MTD" on Schedule I attached hereto, use any lot or erect, alter or use any building or structure for any purpose except the following uses which are only permitted when integrated within a Permitted Principal Use or Permitted Secondary Use, as listed in Subsections 5. (1) and 5. (2) of this. by-law: (i) Bake Shop (ii) Business Support Services (iii) Commercial School (iv) Day Care Centre (v) Dry-Cleaner's Distribution Centre (vi) Personal Service Establishment (vii) Place ·of ArrlUsement (viii) Private Club (ix) Retail Sales, Ancillary 82 83 By-law No. 7404/15 Page 8 (x) Restaurant (xi) Travel Agent (xii) Travel. Information .Centre (xiii) Vehicle Rental Establishment (4) · Zone Requirements ("MTD" Zone) No person shall within the lands designated "MTD" on Schedule I attached hereto use any lot or erect, alter or use any building or structure except in accordance with the following provisions: (a) Building Height (maximum): 25 storeys (5) Additional Requirements ("MTD" Zone) (a) A gaming establishment/casino use is only permitted as part of a hotel, convention or conference centre, entertainl)lent complex. (b)· The total gross floor.area of all existing or proposed Permitted Secondary Uses and Permitted Support Uses in the "MTD" Zone, as listed in Subsections 5. (2) and 5. (3) of this By-law shall not exceed 15 percent of the total gross floor area of all existing or proposed Permitted Principal Uses in the "MTD" Zone, as listed in Subsection 5. (1) of this By-law. · (c) The total gross floor area of all Restaurant Plazas shall not exceed 15 percent of the total gross floor area of all uses within the "MTD" Zone. (d) Despite Clause 5. (5) (b) the total gross floor area of all existing or proposed Restaurant Plazas in the "MTD" Zone, shall be excluded from the total gross floor area of all existing or proposed Permitted Principal Uses in the "MTD" Zone, as listed in Subsection 5.(1) for the purpose of calculating total gross floor area of all existing or proposed Permitted Secondary Uses and Permitted Support Uses in the "MTD" Zone, as listed in Subsections 5 (2) and 5. (3) of this By-:-law. (e) The following Permitted Support Uses shall have a maximum gross leasable area of 500 square metres per individual use: (i) Dry-Cleaner's Distribution Centre (ii) Personal Service Establishment· (iii) Retail Sales, Ancillary (iv) · Travel Information Centre (f) Despite Clause 5. (4) (g) of this By-law, landmark buildings having a maximum height of 35 storeys, may be permitted on lands zoned "MTD". By~law No. 7 404/15 Page 9 (6) Parking Requirements ("MTD" Zone) (a) The minimum parking requirements for the lands designated "MTD" on Schedule I attached hereto, shall be the largest cumulative total · . number of spaces required for all uses for a Weekday-Morning, Weekday-Noon, Weekday-Afternoon, Weekday...,. Evening, Saturday-Morning, Saturday-Noon, Saturday-Afternoon, or Saturday~ Evening parking period, derived by applying, for each existing and proposed use, the respective parking space rate set out in Clause 5.(6)(b) of this By-law and then applying the parking space reductions where applicable for each of the different parking periods, as set out in Subclause 5.(6)(c) (i) and (ii), the Occupancy Rates- Percentage of Peak Period for Weekdays and Saturday Charts. (b) The minimum parking rates for the uses permitted in a "MTD" Zones shall be provided in accordance with the following provisions: (i) Amphitheatre I Arena I 1.0 space per 4 fixed seats, but Cinema I Stadium I where permanent fixed seating is Performance Arts Centre open-style bench or pew, each 0.5 metres of bench or pew space is · equal to one (1) seat for the purpose of calculating required parking (ii) Botanical Gardens I 1.0 spaces per 100 square metres Community Garden of gross leasable floor area of building on site (iii) Day Care Centre I Dry-3.0 spaces per 100 square metres Cleaner's Distributing Centre I of gross leasable floor area Business Support Services I Office I Travel Agent I Travel Information Centre I Community Centre I Vehicle Rental Establishment (iv) Retail Sales, Ancillary 3.5 spaces per 100 square metres of gross leasable floor area (v) Art Gallery I Museum I 4.0 spaces per 100 square metres Waterpark I Wave Pool/ of gross leasable floor area; or 1.0 Major Tourist Establishment space per 4 capacity, whichever is greater (vi) Commercial School/ · 4.5 spaces per 100 square metres Financial Institution I of gross leasable floor area Personal Service I Spa (vii) Commercial 5.0 spaces per 100 square metres Fitness/Recreation Centre I of gross leasaple floor area Private Club I Place of Amusement 84 By-law No. 7 404/15 Page 10 (viii) Restaurant I 6.0 spaces per 100 square metres Bake Shop of gross leasable floor area · (ix) Medical Office 6.5 spaces per 100 square .metres of gross leasable floor area (x) Banquet Facilities I J 0.0 spaces per 100 square metres Convention or Conference of gross leasable floor ~rea Centre/ Nightdub (xi) Curling rinks, tennis courts, 4 spaces per ice sheet, court or bowling alleys or similar lane or similar recreational facility recreational facilities provided that, where facilities for a restaurant, nightclub or assembly hall are also provided, the greater parking requirement for either the recreational facilities or for the assembly floor area shall apply (xii) Gaming 1.0 space per gaming position Establishment/Casino (xiii) Hotel 1.0 space per guest room; plus 10.0 spaces per 100 square metres non-residential gross floor area used for public use including meeting rooms, conference rooms, recreational facilities, dining and lounge areas and othercommercial facilities, but excluding bedrooms, kitchens, laundry rooms, washrooms, lobbies, hallways, elevators, stairways and recreational facilities directly related to the function of the overnight accommodation (xiv) All other uses 4.0 spaces per 100 square metres of gross leasable floor area 85 By-law No. 7 404/15 Page 11 (c) Shared Parking Permitted Reductions Calculation: (i) Occupancy Rate -Percentage of Peak Period (Weekday) A B c D E Type of Use Occupancy Rate -Percentage of Peak Period (Weekday) Morning Noon Afternoon Evening Gaming 70 70 70 100 Establishment/Casino Office/Medical 100 90 95 10 Office/Financial Institution Banquet Facilities I 90 90 90 100 Convention or Conference Centre Performance Arts 10 10 70 100 Centre I Arena Retail Store/Personal 80 90 90 90 Service Establishment Restaurant 20 100 30 100 Hotel 70 70 70 100 (ii) Occupancy Rate-Percentage of Peak Period (Saturday). A B c D E Type of Use Occupancy Rate -Percentage of Peak Period (Saturday) Morning Noon Afternoon Evening Gaming 70 80 100 100 Establishment/Casino Office/Medical 10 10 10 10 Office/Financial Institution Banquet Facilities I 90 90 100 100 Convention or Conference Centre Performance Arts 10 70 90 100 Centre I Arena 86 87 By-lawNo. 7404/15 Page 12 A B c· D E Retail Store/Personal 80 100 100 70 Service Establishment Restaurant · 20 100 50 100 Hotel 70 70 70 100 (d) Special Parking Requirements: Clauses 5.21.2(a), 5.21.2(b), 5.21.2(e), 5.21.2(f), 5.21.2(g), and 5.21.2(k) of By-law 2511, as amended, shall not apply to lands designated "MTD" on Schedule I attached hereto. 6. Provisions (''UR" Zone} (1). Uses Permitted ("UR'' Zone) . No person shall within the lands designated "UR" on Schedule I attached hereto use any lot or alter or use any building or structure for any purpose except for the following: (a) outdoor recreation uses without buildings or structures; (b) preservation and conservation of the natural. environment, soil and wildlife; or (c) existing lawful uses, located on the land or in existing buildings or structures, provided such use continue in the same manner and for the same purpose for which they were used on the day this by-law was passed. 7. · Provisions ("MTD (H-1}" Zone} (1) Uses Permitted ("MTD (H-1)"Zone) (a) Until such time as the "(H-1 )" Hqlding Provision is lifted, the lands shall not be used for any purpose other than those uses permitted by Section 6. of this by-law. (2) Zone Requirements ("MTD (H-1 )" Zone) The "(H-1)" Holding Symbol shall not be removed from any lands designated "MTD" on Schedule I attached hereto, until such time as: By-law No. 7 404/15 Page 13 (a) A Master Development Agreement between the owner of the lands and the City of Pickering, prepared to the satisfaction of the City of Pickering, has been executed and registered on title to the lands, that includes, but is not limited to the following: (i) A Phasing Plan (ii) A Master Grading and Drainage Plan (iii) Tree Preservation, Compensation and Enhancement Plans (iv) Urban Design Guidelines (v) Site Design Performance Standards (vi) Master Landscape Plans (vii) Construction Management Plan (b) ·Appropriate arrangements arid/or site plan agreements and/or development agreements have been made between the Owner of the lands and the City of Pickering, to the satisfaction of the City of Pickering, that all the requirements for the development of the Major Tourist Destination have been complied with, including but not limited to, environmental and engineering requirements, building and site designs, including the requirement for easements, urbanization of the abutting roads and all financial matters; (c) Appropriate arrangements and/or agreements have been made between the Owner of the lands and the Region of Durham, prepared to the satisfaction of the Region of Durham, for the provision of sanitary, water and Regional transportation, environmental and engineering requirements, including all financial matters; . (d) Appropriate arrangements have been made between the Owner of the lands and the Toronto Region Conservati9n Authority, to the satisfaction of the Toronto Region Conservation Authority, f6r the provision of environmental, engineering and land conveyance requirements; (e) Appropriate arrangements have been made between the Owner of. the lands and the Province of Ontario, to the satisfaction of the Province of Ontario, for ~he provision of transportation requirements under Provincial jurisdiction; and (f) The City of Pickering is satisfied that the maximum amount of · development proposed will result in a traffic generation rate that does not exceed 955 external primary weekday P.M. peak hour two-way vehicle traffic trips calculated as per Schedule II attached to this By-law, and validated within a Transportation Impact Study prepared to the satisfaction of the City of Pickering, the Region of Durham and the Province of Ontario. 88 89 By-law No. 7 404/15 Page 14 8. Provisions ("MTD (H-2)" Zone) (1) Uses Permitted ("MTD (H-2)" Zone) Until such time as the "(H-2)" Holding Provision is lifted, the_ lands may be used for any purpose permitted by the "MTD" zone of this By-law, provided the traffic generation rate of the existing and proposed uses does not exceed 955 external primary P.M. peak hour two-way site traffic trips calculated as per Schedule II and as val_idated withiri a Transportation Impact Study prepared to the satisfaction of the City of Pickering, the Region of Durham and the Province of Ontario, (2) Zone Requirements ("MTD (H-2)" Zone) The "(H-2)" Holding Symbol shall not be removed from the _lands designated "MTD" on Schedule I attached hereto, until such time as: (a) Appropriate arrangements and/or site plan agreements and/or development agreements hav~ been made between the Owner of the lands and the City of Pickering, to the satisfaction of the City of Pickering, that all the requirements for the of devel()pment in the Major Tourist Destination zone have been complied with, including but not limited to, compliance with the Master Development Agreement, including all financial matters; (b) Appropriate arrangements and/or agreements have been made between the Owner of the lands and the Region of Durham, prepared to the satisfaction of the Region of Durham, for the provision of sanitary, water and Regional transportation, environmental and . engineering requirements, including all financial matters; (c) Appropriate arrangements and/or agreements have been made· between the Owner of the lands and the relevant agency having jurisdiction, to the satisfaction of the relevant agencies (being the City of Pickering, the Region of Durham and/or the Province of Ontario), for the construction of the Notion Road and Squires Beach Road connection, including all financial and Environmental Assessment matters; and (d) The City of Pickering is satisfied that the maximum ·amount of development existing and proposed will result in a traffic generation rate that does not exceed 1935 external primary weekday P.M. peak hour two-way vehicle traffic trips calculated as per Schedule II attached to this By-law, and validated within a Transportation Impact Study prepared to the satisfaction of the City of Pickering, the Region of Durham and the Province of Ontario. By-law No. 7404/15 Page 15 9. Provisions ("MTD (H-3)" Zone) (1) Uses Permitted ("MTD (H:.3)" Zone) Until such time as the "(H-3)" Holding Provision is lifted,the lands may be used for· any purpose permitted by the "MTD" zone of this by-law, provided the. traffic generation rate of the existing arid proposed uses does not exceed 1935 external primary P.M. peak hour two-way site traffic trips · calculated as per Schedule II and as validated within a Transportation Impact Study prepared to the satisfaction of the City of Pickering, the Region of Durham and the Province of Ontario. (2) Zone Requirements ("MTD (H-3)" Zone) The "H-3" Holding Symbol shall not be removed from the lands designated "MTD" on Schedule I attached hereto, until such time as: (a) Appropriate arrangements and/or site plan agreements and/or development plan agreements have been made between the Owner of the lands and the City of Pickering, to the satisfaction of the City of Pickering, that all the requirements for the of development in the Major Tourist Destination zone have been complied with, including but not limited to, compliance with the Master Development Agreement, including all financial matters; · (b) Appropriate arrangements and/or agreements have been made to between the Owner of the lands and the Region of Durham, prepared the satisfaction of the Region of Durham, for the provision of sanitary, water and Regional transportation, environmental and engineering requirements, including all financial matters; and; (c) Appropriate arrangements and/or agreements have been mqde between the Owner of the lands and the relevant agency having . jurisdiction, to the satisfaction of the relevant agencies (being the City of Pickering, the Region of Durham and/or the Province of Ontario), for the construction of a new partial interchange on Highway 401 at Church Street, including all financial and Environmental Assessment matters. 10. By-law 2511 By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions .of By-law 2511, as amended. 90 91 By-law No. 7 404/15 · Page 16 11. Effective Date This By-law shall come into force in accordance with theprovisions of the Planning Act. By-law passed this 191h day of January; 2015. David Ryan, Mayor Debbie Shields, City Clerk I I I I i---,---~----~--------i I \ I I I I I I I 1 I I I 1 I I:"' ! . ~ I {- 1 I I I I I ~ I I I I I I S. PT. LT. 17, CON. 1, PT. 2,3 PT. 1, 4DR-B44D 369.8 BAYLY 142.5 STREET 178.0 128. MTD{H-1) (H-2) (H-3) PT. LT. 15,16, CON. 1, PT. 1, 4DR-5623 KELLINO UR PT. LT. 15,16; CON. 1, PT. 2~4, 4DR-5623 22.5 ill 325.4 to BAYLY I I I I I STREET 220.1 STREET 72.1 I © I? I I I ,~-------L====~-----8 ,-~ "' I ~ I ~ i ~ ---------~-----------4 SCHEDULE I TO BY-LAW 7404,/15 PASSED THIS __.:.1..:::.9~th..:..__;___ DAY OF __ -=.J=a'-'-nu:::.:a=r..J-y_2015 MAYOR CLERK 92 93 Schedule II to By-law? 404/15 For the purpose of this By:..law, the amount of different land uses perr11itted on the lands zoned Major Tourist Development (MTD) for the lifting of the "(H)"-Holding provisions, is based on a calculation to establish the external primary PM peak hour 2-way site traffic trips. This calculation is based on the type and amount of the different permitted land uses, then calculated using various traffic factors. · Table A, Table Band Table C attached hereto are part of Schedule II tothis by-law. The following are the Column identifications from Table A: Column A Permitted Land Use from the MTD Zone Column B Independent Variable Column C Land Use Intensity Column D 2-way Trip Generation Rate Column E G2TV Gross 2-Wa_y_ PM Peak Hour Traffic Volumes ColumnF Inbound% Inbound Percent Column G G2TV -I Gross 2~Way PM Peak Hour Traffic Volumes -Inbound Column H Outbound% Outbound Percent Column I G2TV-0 Gross 2-Way PM Peak Hour Traffic Volumes -Outbound Column J. TDMR% Traffic Demand Management Reduction Percent Column K TDMRA. Traffic Demand Management Reduction Allowance Total Column L TDMRA-1 Traffic Demand Management Reduction Allowance-Inbound Column M TDMRA-0 Traffic Demand Management Reduction Allowance-Outbound Column N TUR% Transit Use Reduction Percent Column 0 TURA Transit Use Reduction Allowance Total. Column P TURA -I Transit Use Reduction Allowance-Inbound . Column Q TURA-0 Transit Use Reduction Allowance -Outbound Column R NE2TV Net External 2-way Traffic Volumes ColumnS A2TV Adjusted 2-Way Traffic Volumes Total Column T A2TV -I Adjusted 2-Way Traffic Volumes-Inbound Column U A2TV:'O Adjusted 2-Way Traffic Volumes-Outbound ColumnV TWITV Two-Way Internal Traffic Volumes ColumnW ·Pass-By% Pass-By Percent Column X PBV Pass -By Volumes Column Y TTG Total External Primary PM Peak Hour 2-Way Traffic Volumes The process to calculate the External Primary PM Peak Hour 2-Way Traffic Volumes is listed below and is to be followed for each proposed lands use, and then the sum of these totals represents the External Primary PM Peak Hour 2-Way Traffic Volume for that amount of development in the "MTD" zone. Schedule II to By-law 7404/15 Step 1: Gross 2-Way PM Peak Hour Traffic Volumes (G2TV) is calculated by: 1. · Firid appropriate Permitted Use in Column A in Table A. Page2 2. From the development proposal determine the independent variable from Column B. 3, Calculate the corresponding land use intensity and note in Column C. 4. Multiply Column C by Column D to determine the G2TV (write down in Column E). 5. Multiply Column E beirig the G2TV by Column F (Inbound%)= G2TV Inbound (write down G2TV inbound in Column G). . 6. Multiply Column E being the G2TV by Column H (Outbound %) = G2TV Outbound (write down G2TV outbound in Column I). step·2: Traffic Demand Management Allowance Total (TDMRA) is calculated by: 1. Multiply the G2TV (Column E) by Column J (TOM Reduction%). 2. Equals= TDMRA (write down TDMRA in Column K). 3. Multiply TDMRA (Column K) by Column F (Inbound%)= TDMRA Inbound (write down TDMRA-1 in Column L) .. 4. Multiply TDMRA (Column K) by Column H (Outbound%)= TDMRA-Outbound (Writ~ down TDMRA-0 Column M). Step 3: Transit Use Reduction Allowance (TURA) is calculated by: 1. Multiply G2TV (Column E) by Column N (Transit Use Reduction %). 2. Equals= TURA (write down TURA in Column 0). 3. Multiply TURA (Column 0) by Column F (Inbound %) = TURA-Inbound (write down TURA-1 in Column P). · 4. Multiply TURA (Column 0) by Column H (Outbound%);::; TURA Outbound (write down TURA-0 in Column Q). Step 4: Net External 2-way Traffic Volumes (NE2TV) is calculated by: 1. G2TV (Column E) minus TURA (Column 0) minus TDMRA (Column K). 2. Equals = A2TV (write down in Column S). · 3. A2TV minus TWITV (TWITV will be calculated in. the next Step 5 calculations). 4. Equals = NE2TV (write down in Column R). Adjusted 2-Way Traffic Volumes (A2TV) Inbound is calculated by: 1. G2TV Inbound (Column G) minus TURA-1 (Column P) minus TDMRA-1 (Column L). 2. Equals= A2TV.:.I, (write down in Column T). 94 95 Schedule II to By:-law 7404/15 Page 3 Adjusted 2-Way Traffic Volume (A2TV) Outbound is calculated by: 1. G2TV-O (Column I) minus TURA-0 (Column Q) minus TDMRA-0 (Column M). 2. Equals = A2TV-O, (write down in Column U). Step 5: Two-Way Internal Tr!3ffic Volumes (TWITV) is calculated by: 1. ·Use Table Band Table C. Table B is for internal inbound calculations. Table Cis for internal outbound calculations. 2. Utilize A2TV-I (Column T) values per land use with Table B. 3. Utilize·A2TV-O (Column U) values per land use with Table C. 4. Create a matrix for the proposed land use pairings by multiplying the percentages found in Table B by A2TV-I (Column T) values. 5. Create a second matrix tor the same proposed land use pairings by multiplying the percentages found in Table C by A2TV-O (Column U) values. 6. Create a third matrix by comparing matrices for Inbound and Outbound internal . trips, and select the lower of the corresponding values for the appropriate land use pairings. 7. Sum together the Inbound (i.e., volumes within rows) and Outbound (i.e., vplumes within columns) for each land use. 8. Equals = TWITV for each land use, write down in Column V. 9. Calculate NE2TV (Column R): A2TV (Column S) minus TWITV (Column V) for each land use and (write down NE2TV in Column R). Step 6: Pass-By Volumes (PBV) calculated by: 1. Take NE2TV (Column R) and multiply by PB% (Column W) and write in Column X. Step 7: Total External Primary PM Peak Hour 2-Way Traffic Volumes (TTG) is calculated: -1. 2. Step 8: 1. Take PBV (Column X) and subtract it from NE2TV (Column R) for each land use. Write down in Column Y the Total External Primary PM Peak Hour 2-Way Traffic Volumes (TTG). · Total all the TTG for the land uses with the existing and proposed development and record in the bottom Total Box. Compare the total box with the development threshold limit contained in the "(H)" -Holding provisions of the By'-law. Table A of Schedule II of By-law 7404/15 Traffic Generation Rates for Major Tourist Destination Uses Column A Column B Column C Column D Column E I Column F I Column G Column I-if Column 1 Column J I Column K I Column L I Column M Column N I Column 0 I Column PI Column Q Column R I ColumnS I Column T I Column U Column V Column WI Column X Column Y Permitt<id !Jse. . .. _ •.. ·•• ••.. •.. . .. . · ·•· · . ··.· < ~~~e~;~.d~ntya?able . •··· ~~~:~~:: • ~~-'2~~y'friP'-G~t~~;{i.;\;;Rat!-M-Pe~-~:~f&Tii..P._~~}~;;(Jo/;Fi3~ni:i-:'1o~~i;mtiJ'~~#ci:c' _::'foM"R%1:-1-oMRilg_M~~~:jrfoiRi-:o /T~~ri~iiU~~o/4'-_::.:;:uifi~i!!:'='fu~A:i'-rl'uRJ>;:(y--:~N~ifv-~r}:~2~iJ!~9~~-ri;~-'r~i2-iV:a'-' l'w1lit · Pfis;,:oy I '-P~if .· ·. · nG •· ~--0% ---~----------+----------~------------------}---------+--------------~-------------------------~~-----~---------------------- ---------------------~~-----1--------------------------25% I ----------------1oo/:----r--------------------- --------------oo;;----r-------------------------- =::::==::= ==::~r;::~-1=-~==:~-:::: ::::=~~==:- ----------____ .Q.Y-~--~--------------------- -----------______ Q~ ____ l ________ ----------- ---------_____ Q!~----l-------------------- -------------------------1----------------------- ---------------~~-----1-------------------------- -----------______ Q~------1.------------------- -----------_____ Q~------~------------------------- 0% l :~-=:=:::=::: =----~§~:::1==:=:::::=:: ::::==:=:= -----------------oo;;---~---------------------- -=:~~~~~~=:~~ =---2~~~~~~~1~::::=:::=~~: =::==:=:~ ----------_____ .§~-------1-------------------------- 0% : ------------------s;;;;-----r--------------------------- :==:==-~::: ==:QY_o_~::::r=-~:==--== :==-~=:::= ----------_____ ..Q~------1-------------------------- -------------_____ !9.~-----~------------------------- 0% l --------------------oo~o-------r----------------------------- --------------------:Zsoio-----y-------------------------------- ----------------~~?§________________ :====::=::: =:::~~~~~~~~I::=====:: ::::::=~=:=:: ________________ ..Q.~.Q_______________ -------------_______ q~~-----1-------------------------- Restaurant .eer 100 Sguare metres-GFA . 6.38 63% l 37% 1 0% 1 : : 0% : : : 1 : 1 ___ -------------____ _!Q~-----1-----------------------------~~~~~~~~~,~~r~~~a~~~~¥~~~t~~~~l~~~~~t~~ Waterpark!Wave Pool per 100 Square metres-GFA 2.19 48% : 52% 1 0% : 1 0% : : : · : l I 0% : Total ; ···· .. ·• c .. ··.· ..•. ·····~··.·········. .·· . . .. . .> -. . .. ..• • .· .. · .·.· ...•..•... · ..•. ·· ... ·. .·. ........ .··· ·.. -. •.. . ••. ;.·· . ··•·•••··. •. ···.-·.··. ·.· .. ·•.· .• •.•.•. . .. · . • .· .•. •····. . ·.· ...•. • ... · • -; j • _·; : ...... ·••·• Notes: T= Number of 2-way automobile trips X= Independent variable (e.g. floor area in 100 square metres1 number of seats1 etc.) Ln =Natural logarithm 96 Table B of Schedule II of By-law 7404/15 Internal PM Peak He.ur Inbound Trip Percentages Outbound (i.e., fromHotel, Casino, Cinema etc.) .l:l Q) cu E Q) c u o" c "iii cu (.) ]i 0 :r: .s ! "C c :::1 0 .0 = Casino, Place of Amusement, Major Tourist Establishment Cinema Office, Comm. School, Medical Office, Travel Agent, Travel Info Centre Convention Centre, Museum Hotel, Spa Performance Arts Centre, Amphitheatre, Arena, Stadium Restaurant Complex, Restaurant, Nightclub, Bake Shop Waterpark/Wave Pool, Botanical Gardens, Community Gardens Dry Cleaner's Dist'n Centre, Day Care Retail Sales, Ancillary, Art Gallery, Financial Institution, Personal Service Establishment Q)- 0 u iE 'Cii' Ow :2: -~ ro-'E u c ·-Q) Q) -gu E ::!:,E Q) Ill _:C ::~-o-E c oa; <( E ..c: > u "' .,_ ..c: (/)~ 0 Ill ID =· .I- E --u.o ro2 E c O:::Jl 0 Q) u;J! "' a-.5 -~ E aiai Ill :::J Q) u > 8~ c iEt'C! 0 o..= 5% 5% 5% 20% 25% 5% 10% 20% 5% 10% 20% 20% 20% 'E Cii ~ u Ill E :::J ·c 53 E :::J "' :::J _:a U) !5! -c· Q) 0 ~ Q) "' Q) m"' Ill .!::l(j) :::J 0:: _CJ :2: ai --0. 0>. u~ X 0 0~ ~ ID..c: (LC Ill Q) Ci.(J) ~ E 'E ~~ E ru Q) o..>:: ~8 u Q) Q) U"' c u.= _m 0 "' c "' c -0. "' Q) ro.o ;::: -:g (/) E:6 ~ :::J "' Ill :::J-o.c ~ ~~ cu.B ~ Q) c ]i -..c: 2"E 0 0 . ru E ~ .2> ~~ u :r: 11..5( o::z 15% 15% 10% 5% 10% 5% 20% 20% 25% 10% 10% 30% 15% 5% .5% 30% 25% 10% ai Q) rn u .u -·~ >-2::-w "' .91(!) 0 ~~ ~ t 0 'E <( ~ Q) -Q) u 2::-il.. c "' -'t; -C = 0 0 g~ ~~·c: Ill -a; Ill c Q) c .91-E ~~~ "' Q) (3 =c:.c ~-~~ Cii 2::' ;§ 0 O::LLW 5% 5% 5% 5% •.. 20% 97 Table C of Schedule II of By-law 7404/15 Internal PM Peak Hour Outbound Trip Percentages 98 .l:l (I) ni E (I) c (3 0 .E rn Ill (J' a:; 0 :t E 0 .::: -o c :::1 0 .c ""5 0 Casino, Place of Amusement, Major Tourist Establishment Cinema Office, Comm. School, Medical Office, Travel Agent, Travel Info Centre Convention Centre, Museum Hotel, Spa Performance Arts Centre, Amphitheatre, Arena, Stadium Restaurant Complex, Restaurant, Nightclub, Bake Shop Waterpark!Wave Pool, Botanical Gardens, Communiiy Gardens Dry Cleaner's Dist'n Centre, Day Care Retail Sales, Ancillary, Art Gallery, Financial Institution, Personal Service Establishment ai t.1 IE: c 0 Q) Q) CQ.!:J --E t.1 c C:;:: ·-Q) (!) "' ' -g l) E= (l).c ~..Q <fl.$ ...:C: :::1 "' o-EUJ _g~ <1:: ~ o·~ u rn (f)~ Q)~ .f- E...: <.1-... E c: rn rn 0: -~ 0 Q) o:t -Q) rn g E E aiQi ·u; E Q) t.1 > c: IE: rn rn o 0 l)l) 0~ ,, 10% 20% 5% 20% 25% 5% 40% 5% 5% 5% Inbound (i e to Hotel Casino Cinema etc) .. , ' ' c o; rn t.1 "' E E 5 ·-c :::1 .$ c: Q) :::1 w~ ..'!l-o Q) "' 0 ~ "' ~w Q) oorn :::1 ll:: .CJ ~ ijj --0.. 0>-l)~ X 0 0~ i a>;:: o..c: "' Q) Ci.CI) Q) :::1 c t:: ~ E Q) > E Q) <l::,·<l:_ ox rn E l) Q) Q) l) rn· ~~-u.l::> _oo c 0 rn c: rn. c: - ~ 0.. rn a> rn.c rn "' (/) E:5 ~ :::1 ~£ o..c: Q) ~~ ~ Q) > ~ -;:::: .gl-o c: ~-~ rn ~ 0 ~~ sc3 l) ,J: ll::Z 10% 10% 5% 30o/o 5% 10% 10% 10% 30% 5% 45% 10% 10% 10% 30% 30% 20% 5% .10% ~ Q) Ill t.1 l) --~ >-i::'Q) Ill .,91(/) 0 Oi- ~ CJ ~ t;:O c <1::~ Q) -Q) l) [::>0.. c: rn -.... -C: "' = 0 0 g~ <(::::;:-....... "' ~en c:: -Q; "' c: Q) c: ..91-E ·rn c?5~~ (!) l5 =c::.c ~~.£9 o; <::-;§ &u::Jl 0 20% 20% 10% 10% .' .. 20% To: Debbie Shields City Clerk From: Denise Bye Supervisor, Property & Development .Services Copy: Director, Corporate Services & City Solicitor Subject: Road Closure and Disposal of City-Owned Lands (Remainder) Tracy Street, Plan 94, Pickering File: L-461 0-5-12 On September 15, 2014, Council passed Resolution #276/14, Memo January 13, 2015 (a) declaring the remainder of Tracy Street, Plan 94 ("Tracy Street") surplus to the needs of the Corporation; and (b) authorizing staff to initiate the process of stopping-up arid closing Tracy Street as a public highway and seHing a portion of it to the adjacent landowner, subject to any easements. Staff have determined that there is no requirement for easements and Notice respecting this road . closure has been published in the local newspaper and on the City's website for two (2) consecutive weeks. There have been no objections. Attached is a location map a~d the draft road closing by-law for the consideration of City Council at its meeting· scheduled for January 19, 2015. DB:bg Attachments Location Map . · Draft By-law 99 CLAREMONT PROPERTY DESCRIPTION Tracy Street OWNER CITY OF PICKERlNG ALE No. TRACY STREET 100 ~ u 0 0:: Ill Planning & Development Department DATE Aug11,2012 DRAWNBY JB SCALE 1:5,000 CHECKED BY DB PN-6 The Corporation of the City of Pickering By-law No. Being a by;..law to stop-up and close Tracy Street, Plan 94, Pickering, as public highway and authorize the sale of a portion of it, subject to required easements. Whereas, when Plan 94 was registered in 1884, Tracy Street was shown as a road on the plan of subdivision; and Whereas, pursuant to the Municipal Act, the Council of the City may pass by-laws to stop-up and close a highway and dispose of land. · Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. · The following highway is hereby stopped-up and closed to both vehicular and pedestrian traffic: .· Tracy Street, Plan 94, Pickering. 2. The Mayor, City Clerk and City Solicitor are hereby authorized to execute the necessary documentation to effect the closing of Tracy Street as a public highway and to finalize the sale of a portion of it to the adjacent owners. By-law passed this 19th day of January, 2015. David Ryan, Mayor Debbie Shields, City Clerk 1 01 January 19, 2015 Public Report on Confidential Meeting a) Appointments to Region of Durham Advisory Committees Recommendation That the recommendations considered at the Closed Meeting of Council confirming the Regional appointments be approved. b) Appointments to Advisory Boards and Committees Recommendation That the recommendations considered at the Closed Meeting of Council confirming the Advisory Boards and Committee appointments be approved. 102 Attendees: Absent: Minutes/Meeting Summary Pickering Museum Village Advisory Committee Tuesday, September 23, 2014 7:00pm Tower Meeting Room -Civic Complex Laura Drake, Chair, Pickering Village Museum Village Advisory Committee Paul Savel, Vice-Chair, Pickering Museum Village Advisory Committee Donald Hudson, Pickering Museum Village Advisory Committee Dragos Nita, Pickering Museum Village Advisory Committee Karen Chalmers, Pickering Museum Village Advisory Committee Andrew Doucette, Pickering Museum Village Advisory Committee Karen Emmink, Pickering Museum Village Advisory Committee David Coffin, Pickering Museum Village Advisory Committee Marisa Carpino, Director, Culture & Recreation Tanya Ryce, Supervisor, Cultural Services Katrina Pyke, Coordinator, Museum Operations Vince Plouffe, Supervisor, Facilities Operations Joan De Gennaro, Clerk-Typist (Recording Secretary) Greg Oakes, Chair, Pickering Museum Village Foundation Bill Mclean, Regional Councilor, Ward 2 Graham Lowman, Pickering Museum Village Advisory Committee L. Drake called the meeting to order at 7pm. T. Ryce introduced Joan DeGennaro as the new recording secretary. L. Drake passed on regrets from G. Lowman and advised that Councilor Bill Mclean hopes to join the meeting later. Motion: That the agenda for Sept 23, 2014 be approved. Moved by P. Savel Seconded by A. Doucette Carried Page 1 of 9 llfJ.t&fJll1~l~~~J1iJ;~~:f90c 1 ~~~2~?Zf'~:~~.:+~",,;t;:;;~l~~ '~~€~~)J£11li11 Motion: That the minutes for June 25, 2014 be approved. Moved by P. Savel Seconded by A. Doucette Carried Greg Oakes advised that the Feasibility Steering Committee reviewed three bids, and selected one company. Projected costs for the project exceeded the PMVF's expectations, and Bingo monies may not be used to supplement the payment. As a result, there is a shortfall of $25,000 in the General Account to pay for the project. After considering options including reducing the scope of the project, breaking the project into phases, and delaying the project start, the PMVF has decided to postpone the start of the project until such time as addftional funds can be raised to pay for the full project. The PMVF is currently looking into fundraising alternatives. Motion: The next Museum Advisory Committee to follow up in January on the status of the Feasibility Study with the Chairman, PMV Foundation. Moved by K. Chalmers Seconded by P. Savel. Carried G. Oakes noted that the City Clerk is requesting why the Foundation is accumulating upwards of $40,000 from Bingo Funds outside of what is earmarked for the Craftsman Cottage. He requests that items in the forecasted budget submissions be considered as projects for the PMVF to finance. T Ryce advised that this evening's meeting is for budget review, and there will be opportunity later in the agenda to seek PMVF funding. L. Drake thanked G. Oakes for providing the Foundation update to the Committee. Minutes/Meeting Summary Pickering Museum Village Advisory Committee Tuesday, September 23rd, 2014 M. Carpino reviewed the Capital Budgets for 2015-2019. 2015 Capital Forecast: V. Plouffe noted that City staff teams identify and prepare items for Capital project consideration to be brought to Council. V. Plouffe reviewed the following projects listed in the 2015 Capital Project budget: • Administration Building Shed Roof (south end) • School House Re-sealing and Temperance House Cladding were identified as Foundation Projects • Craftsman Cottage-designated substances will require more work than originally planned • Additional funds will be requested in next year's budget to address the increase in costs. In the 2015 proposed budget, $40,000 has been identified for power, heat, and stabilization of the building • Tender document to remove the designated substances is currently with Supplies and Services • Proceeding with sealing will exceed the funds currently in budget 2016 Capital Forecast: M. Carpino noted that the following are all new projects added to the budget for 2016: • Redman House Ramp • Steam Barn Drive Shed roof • Steam Barn Roof V. Plouffe expressed his concerns about the condition of the roof on the Gas and Steam Barn and his plans to investigate further. V. Plouffe noted that the Combination Barn siding has been deferred from the 2015 budget and the foundation repairs has been added. 2017 Capital Forecast: . Ca ·no advised the 2017 Ca Minutes/Meeting Summary Pickering Museum Village Advisory Committee Tuesday, September 23rd, 2014 items are the originally forecasted items and it remains with no changes. V. Plouffe noted that changes to building locations must involve proper elevations, possible adjusting of slopes to ensure proper drainage to prevent water damage to structures moving forward. 2018 Capital Forecast: M. Carpino noted that the 2018 capital budget remains the same as previously forecasted. 2015 Current Budget M. Carpino reviewed the budget and identified line items that represented a significant change to the current budget. M. Carpino stated that the budget as it stood needed to be greatly reduced prior to going in front of council. As a result of discussions with the advisory committee the following items have been adjusted within the 2015 Budget: 27 44.1100.000 Salaries & Wages-Additional hours totalling $4,135 has been deleted. 2744.1400.0000 Employer Contributions-Benefits related to additional hours in the amount of $5,656 has been deleted. 27 44.2399.0000 Outside Agency Services-Architectural Consulting Services has been reduce from $10,000 to $5,000 2744.2435.0000 Building repair and Maintenance- Museum Sign & Lighting Upgrades has been reduced from $16,000 to $4,000 2744.2435.0000 Grounds keeping staff City (Term) $10,600 has been deleted. M. Carpino to seek approval to include these monies in another section of the City budget. 2744.5320.0000 Program Supplies-WWI Education Day $2,500 has been reduced to $1,500 Minutes/Meeting Summary Pickering Museum Village Advisory Committee Tuesday, September 23rd, 2014 items for Collections Committee Approval and the results thereof. Motion: That the Advisory Committee approve the acquisition of the following items as recommended by the Collections Committee in the August 18th, 2014 report: • 1940s typewriter, box camera, flail, horse comb, and 1920s tennis racket donated by descendants of the Astley family; • Family Bible of the Corcoran family, including records of births, deaths and marriages spanning nearly 100 years; • Logging hook, peavey, Turn buckle, Axe head found during the Frenchman's Bay redevelopment project, related to the original crib construction at the harbor; • Boat hook salvaged from the harbor by a local resident; and • c. 1924 radio receiver. Moved by D. Nita Seconded by K. Chalmers Motion: Carried That the Advisory Committee approve the acquisition of the following items as recommended by the Collections Committee in the July 21,2014 report: • 150th Pickering Anniversary ceramic mug; • 3 spice shakers and 3 glass bowls connected to the Major family; and • WWI uniform jacket from the Pegg family. Moved by D. Nita Seconded by K. Chalmers Carried P. Savel advised that in order to effectively meet current museum standards for collecting and developing programs, the museum to its mission statement remove Minutes/Meeting Summary Pickering Museum Village Advisory Committee Tuesday, September 23rd, 2014 the restriction of a time period) and the creation of a formal Mandate and a Statement of Purpose. He reviewed proposed changes, and suggested wording as follows: Mission , Pickering Museum village welcomes our guests to explore and experience our cultural heritage; we dedicate our buildings, artifacts, and programs to inspire a broader appreciation and understanding of life in our communities from 1810 to 1920. The words "from 181 0 to 1920" should be removed from this statement. Mandate (NEW) Pickering Museum Village will collect and preserve material culture from earliest habitation through our municipality's changing geographic borders to a point forty years prior to the current date in order to ensure access to present and future generations of the public. Statement of Purpose (NEW) • Collect and preserve, document, house, exhibit, and interpret material culture. • Research and document historical information supporting the community's material and social culture. • Develop programs responsive to the needs of the community insofar as they align with the Vision, Mission, Mandate. • Recruit and retain quality staff and volunteers. • Maximize the utilization of community organizations and associations. Motion: That the Advisory Committee accept and endorse the amended Mission Statement and the proposed Mandate and Statement of Purpose as presented. Moved by P. Savel Seconded by K. Emmink Capital Projects Committee Carried No report at this meeting -discussions handled with budget Minutes/Meeting Summary Pickering Museum Village Advisory Committee Tuesday, September 23rd, 2014 Volunteer Appreciation Committee L. Drake read a prepared report provided by G. Lowman. (see attached email from G. Lowman) • Seedy Saturday • Spirit Walk • Halloween Harvest • Christmas in the Village • History in Action-Masquerade Ball · • Mindcraft-program has been developed and is in place • Capture the Flag • Garden Tour • Fibers Event • Lights, Camera, Action! T Ryce noted that general tour figures increased again in 2014, and History in Action Saturday attendance figures doubled as a result of innovative programming concepts that were created using environics findings. K. Pyke provided a report on the spring and summer Education Programs and noted: • revenue exceeded forecast; • 4566 students attended Instructor-led programs between April and August, representing an increase over 2013 numbers; • Most popular program themes were Blacksmithing and Toys, Game and Leisure Activities • New programs for the fall will include more Aboriginal content, a Gr. 7/8 Underground Rail Road program, and a WW1 Education Day for high school students; and • She thanked Sandra Gelbard who worked to increase the attendance figures in the spring so that revenues were again exceeded. Minutes/Meeting Summary Pickering Museum Village Advisory Committee Tuesday, September 23rd, 2014 • oetails'&'Oiscussion'-&7conclusio ~]~~~~~~~~~~l~~~,~~~~ "-..... ~~'-"--'-'-'-'- L. Drake noted that Mandy and Sandra should be congratulated for exceeding projections with the work they erformed. L. Drake noted that new items identified will be added to the work plan. City Cultural Plan-K. Williams of the Pickering Public Library will be providing a workshop that K. Pyke and G. Lowman will attend. New Council will meet on December 15, 2014 and L. Drake and P. Savel will provide a report to Council from the Advisory Committee. K. Chalmers asked T. Ryce about the status of WiFi at the Museum. T. Ryce noted that WiFi will not go forward at this time; M. Carpino advised that WiFi is on hold list at this time. M. Carpino thanked the members of the Museum Advisory Committee on behalf of the City of Pickering for the role they have had in moving the Museum forward this term. Motion: Recommend that the next Advisory Committee brainstorm to develop a new 5 year strategic plan for the Pickering Museum Village. Moved by P. Savel Seconded by K. Chalmers Adjournment: Carried Next meeting -There is no meeting scheduled at this time. Motion: This meeting is adjourned at 9:45 pm Moved b P.Savel Minutes/Meeting Summary Pickering Museum Village Advisory Committee Tuesday, September 23rd, 2014 Carried Meeting Adjourned: 9:45 pm Copy: City Clerk Minutes/Meeting Summary Pickering Museum Village Advisory Committee Tuesday, September 23rct, 2014 Minutes/Meeting Summary Pickering Museum Village Advisory Committee Minutes Wednesday, November 26, 2014 7:00pm Tower Meeting Room Attendees: Laura Drake, Chair, Pickering Village Museum Village Advisory Committee Paul Savel, Vice-Chair, Pickering Museum Village Advisory Committee Donald Hudson, Pickering Museum Village Advisory Committee Karen Chalmers, Pickering Museum Village Advisory Committee Graham Lowman, Pickering Museum Village Advisory Committee Karen Emmink, Pickering Museum Village Advisory Committee David Coffin, Pickering Museum Village Advisory Committee Greg Oakes, Chair, Pickering Museum Village Foundation Tanya Ryce, Supervisor, Cultural Services Vince Plouffe, Supervisor, Facilities Katrina Pyke, Coordinator, Museum Operations Absent: Dragos Nita, Pickering Museum Village Advisory Committee Andrew Doucette, Pickering Museum Village Advisory Committee Bill Mclean, Regional Councilor, Ward 2 Marisa Carpino, Director Culture & Recreation Agenda of November 26, 2014 be approved as submitted. Moved by P Savel Seconded by D Coffin CARRIED Minutes of September 23, 2014 be approved as amended. Moved by P Savel Seconded by K Emmink CARRIED Page 1 of 6 The PMV Foundation continues to search for financial support to fund the Visitors Centre Feasibility Study and have approached several businesses and organizations. The PMV Foundation will reapply in the new year for funding from local businesses. PMV Foundation is funding the work on the Temperance House cladding and School House chinking. 1. Site painting work is complete on the Redman House, Chapel Floor, School House Floor, Walls & Ceiling, Log House inside painting and exterior sealing 2. Rechinking of the school house is nearing completion next week 3. Oddfellows Hall location is being determined based upon geotechnical investigations. The relocation of the building is projected to take place in spring 2015. 4. Craftman's Cottage abatement is underway as contractor is on site. The work expected to be completed next week. Roofing has been sealed, and siding will keep water out until more repairs and sealing of the building can be completed to ensure the building is weather tight; and negate the possibility of more damage. V. Plouffe stated the City is seeking heritage architectural consultants to create a pool of qualified architectural consultants to draw on for project analysis. K. Pyke presented updates on various Museum activities including: History in Action Saturdays -58% increase in attendance A Spirit Walk-9% increase in attendance Halloween Harvest General Admission Rates-20% increase in attendance 2015 Program Line-up All areas saw increased revenue and attendance when compared to previous years. Increases w~re attributed to Environics Analytics use for marketing and program planning. · K. Pyke extended Kudos to M. Smiles for the energy and creativity expended to run an entirely new line-up of programs. V. Plouffe to submit financial request form to the Capital Projects Sub-committee for financial support for the temperance house siding and school house re-chinking from the PMV Foundation. K. Pyke to distribute by email the event report from A Spirit Walk. Page 2 of 6 K. Pyke extended appreciation to S. Regina for her assistance and creativity in the development and execution of the museum's new marketing strategies in 2014. T.Ryce offered Kudos to K. Pyke for taking advantage and exceeding expectations in an opportunity to showcase the Museum to on-Route tourism operators. Collections Committee Report The Pickering Museum Village Collections Committee has met several times since the last PMV Advisory Meeting. During that time, a number of items have been reviewed for acquisition (refer to donation approval list dated November 10, 2014 for details). Several items from Ford Underwood (E2013.49) are being accepted into the education collection or for repairs, and are listed only for reference. Items from Mr. Joe Pegg (2014.29) were mostly related to V'M/1 and were considered for acceptance into the core collection. Two items (German grenade and Box of shells) are pending investigation to ensure they can safely be stored and there is no risk of them being set off. Motion: That the Pickering Museum Village Advisory Committee approve the recommendation of the Collections Committee that the items donated by Mr. Joe Pegg (2014.29) be accessioned into the core collection. Moved by P·. Savel Seconded by K. Emmink CARRIED The Collections Committee continued to evaluate items within the collection and prioritize them. To date, staff has completed forty items and hope to evaluate ten more in December to give us a total of fifty for 2014. Staff had ambitiously hoped to proces.s approximately 100 items this year, but due to some matters that have arisen, staff resources have been strained and there was insufficient time to prepare an adequate number of items for each meeting. Further, discussion of these issues, as they related to collections, also consumed some of our time during our meetings. (see attached Donation Approval List November 2014) A request was made by Greg Oakes to consider offering some of the refused items on the donation list to volunteers in the steam barn for use in the re air of alread restored antique Page 3 of 6 steam equipment. K.Pyke to check into whether the items· are still on site. Capital Projects Committee Report Submits no report. Volunteer Appreciation Committee G. Lowman reported that the committee has been meeting regularly and have come to a decision on two new forms of appreciation for volunteers. 1. An email of appreciation to be initiated by volunteers and reviewed by the committee, archived by the committee, and distributed by M. Smiles. 2. A wall Plaque/Curio Piece-Essential Piece of the Puzzle which will be ordered for the next Volunteer Appreciation event. Sub Committee Members will meet again to discuss process and criteria for these awards. The kudos program will be introduced to the volunteer heads in January. The topic of the 10,000 hours award is still under consideration and the committee is committed to finding an appropriate and sustainable solution to this award category. T. Ryce reporteq that the date for the VIV is booked for 2015, and that the location has been moved to the Banquet Halls at Pickering Recreation Complex. The location being ideal as it has an increased capacity and excellent AV system. T. Ryce also advised that Backwoods Players have offered to play a major role in the presentation portion of the event, and that a meeting with Steam Barn Volunteers had revealed that volunteers would be willing to pay a fee to bring a spouse to the event. ,~,\i~l~~s4~l K. Pyke to inquire from E. Tayles whether donations have yet been returned to the donor, or whether the pieces listed would be appropriate for use in the repair work to already restored antique equipment. . Page 4 of 6 T. Ryce reported that the proposed budget for this event had been increased at the request of the Advisory Committee, and that catering prices would be dependent on numbers, rentals and meal choices. The maximum numbers in the banquet hall for a seated meal would mean that additional tickets would be available on a first-come, first-served basis for guests. PMV Foundation Chair G. Oakes offered funds to supplement the cost of guest meals. Staff advised that the monies in the general account should be left for the feasibility study. L. Drake stated that the offer set a precedent that did not fit with the mandate of the foundation. G. Lowman reported that he had concerns over the disbandment of the advisory committee in September, and the lag that this created for Committee Business. As a result he completed a review of the City policy on committees, and felt that it was vague, allowing too much room for interpretation and interruption to the committee process. G. Lowman also commented that he and other members of the committee felt there was a lack of training for committee members regarding their role, and that this should be available not just at the beginning of a council term as stated in the policy but provided to all new committee members joining later in the term. General discussion surrounding common practice in other municipalities and on the library board led to a resolution that T. Ryce would facilitate a meeting between th.e City Clerk, G. Lowman and L. Drake to discuss the lag in committee business created during an election period. · L. Drake requested that staff have a one day training session and workshop in January on the role of the committee and to strategize on the work of the committee for the coming year. L. Drake felt that T.Ryce and K.Pyke should make themselves available to organize and provide this training. L. Drake will provide the year end report to council, and include both the work of the committee, and the achievements of staff T. Ryce to request meeting with the Clerk T. Ryce to confirm . presentation submission deadline with P. Savel Page 5 of 6 with regard to the village. P. Savel will prepare the council ppt presentation with L. Drake P. Savel to action for submission to the City Clerk. Motion: That a memo of appreciation be sent from the PMV Advisory Committee to all staff that support the museum operation, to thank them for their contributions, and expressing that the work of the committee would not be possible without the efforts of these staff. Memo to go to all operation, programming and facilities staff associated with the museum. Moved by G. Lowman Seconded by D. Coffin CARRIED Meeting Adjourned: 9:35 pm Copy: City Clerk Attachments L. Drake to provide memo content T. Ryce to send memo on behalf of the committee Page 6 of 6 Pending Adoption Present: Tom Copeland David Johnson -Chair Eric Newton Bill Utton Also Present: Melissa Markham, Secretary-Treasurer ·Lesley Dunne, Assistant Secretary-Treasurer Absent: Shirley Van Steen -Vice-Chair (I) Adoption of Agenda Moved by Bill Utton Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 7:00pm Main Committee Room That the agenda for the Wednesday, November 26, 2014 meeting be adopted. (II) Adoption of Minutes Moved by Bill Utton Seconded by David Johnson Carried Unanimously That the minutes of the 15th meeting of the Committee of Adjustment held Wednesday, November 5, 2014 be adopted. Carried (Ill) Reports Eric Newton, Committee Member, stated that he had no conflict with application PICA 94/14 being heard by the Committee, as he is not related to the applicant with the same surname. Page 1 of 7 1. PICA 94/14 C. Newton 631 Liverpool Road Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 2520, as amended by By-law 5938/02: • to permit a commercial school on the subject lands, whereas the by-law does not permit a commercial school • to permit a minimum rear yard setback of 20.0 metres, whereas the by-law requires a minimum rear yard setback of 25.0 metres • to permit a maximum projection of 1.3 metres into the required south side yard, whereas the by-law permits a maximum projection of 0.9 metres into a required side yard • to permit a minimum two-way access drive qisle width of 3.8 metres between Liverpool Road and the rear wall of the ground floor of the proposed building, whereas the by-law requires a minimum two-way access drive aisle width of 6.5 metres The applicant requests approval of these variances in order to obtain Site Plan Approval and a building permit for an addition to an existing building to accommodate a range of permitted uses and a commercial school. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Carlos Newton, owner, and Marry Edelstein, agent, were present to represent the application. Nancy Norris of 1305 Wharf Street, Deedee & David Terranova of 11 03 Wharf Street and Cleveland Gervais & Brittany Furnis of. 1309 Wharf Street were present to obtain additional information and to express their concerns with the application. Marry Edelstein provided elevation drawings of the proposed building for the Committee Members to review. He stated that he has worked with City staff on the current Site Plan application for the proposed building. He stated that the proposed building will be compatible with the surrounding area and the massing and setbacks of the proposed building are compatible with the neighbourhood. Page 2 of 7 Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 7:00pm Main Committee Room Nancy Norris expressed many concerns such as the height of the building, loss of privacy and view of the lake, light pollution, noise from the parking lot and restaurant use, hours of operation for the uses, reduced width of two-way traffic aisle, delivery trucks at the site, and the location of the garbage bins abutting her property. She questioned the use of a gravel parking lot and was concerned with gravel and dirt coming onto her property as run-off from parking lot. She informed the Committee that there is a water problem in the area and was concerned that this development would make the problem worse. She stated that there is already a major concern with traffic on Liverpool Road and there is a lack of parking in the surrounding area. Nancy Norris questioned the number of residential units in the building, tree removal and would like more information on the placement of V\(indows. She also stated she would like to see the installation of an eight foot privacy fence and questioned the need for an additional restaurant in the area. She has concerns about her property value decreasing with this development. David Terranova expressed a concern with losing the view of the lake and a decrease his property value. Brittany Furnis questioned if the restaurant use will be licensed and expressed a concern with potential litter of bottles and noise issues related to loud restaurant patrons in the late evening hours. In response to the concerns of residents, Marry Edelstein provided an overview of the site and explained that the building will be reconstructed on the existing footprint and the height of the building is consistent with existing buildings in the neighbourhood, which complies with the current zoning by-law. He explained that there will be no gate into the parking lot and the parking lot will be paved and not gravel, with drainage from the parking lot directed from west to east. He stated that goose neck lighting will be provided to reduce light pollution and glare, which is a requirement from the City, and garbage will be enclosed at the rear of the property. Carlos Newton explained that peak hours for the Martial Arts Studio are during the winter, and the restaurant use will be small, but will help offset the building costs during the down-season for the Martial Arts Studio. He mentioned that the hours of operation will range from 11:00 am or 3:00pm start for classes and 9:30pm would be the last class. He mentioned that there will only be one or two windows on the north side of the building. In response to resident concerns Carlos Newton stated there will only be one residential unit and that he will look into relocating the garbage enclosure. Page 3 of7 Moved by Tom Copeland Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 7:00pm Main Committee Room That application PICA 94114 by C. Newton, be Tabled to allow the owner to work with surrounding neighbours to address their concerns before the application is brought back to the Committee. 2. PICA 104114 · 1155886 Ontario Inc. 425 Whitevale Road Carried Unanimously The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-laws2677188, 5629100 and 6828108: • to permit one professional office having a maximum gross leasable floor area of 280 square metres; whereas the by-law only permits a professional office as an accessory component to a day spa use with a maximum gross leasable floor area of 300 square metres • to permit a minimum of 21 parking spaces; whereas the by-law requires a minimum of 26 parking spaces The applicant requests approval of these variances in order to obtain zoning compliance and a building permit to recognize an existing professional office (Landscape Architect firm) as a permitted use on the subject property. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. · Richard Gosling, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Bill Utton Seconded by Eric Newton That application PICA 104114 by 1155886 Ontario Inc., be Approved on the grounds that the a professional office having a maximum gross leasable floor area of 280 square metres and a minimum of 21 parking spaces are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: Page 4 of 7 Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 7:00pm Main Committee Room 1. That a maximum of one professional office containing non-medical and related uses with a maximum gross leasable floor area of 280 square metres shall be permitted, as generally sited and outlined on the applicant's submitted plan. 2. That the applicant obtains a building permit for interior alterations to allow for the professional office use by May 27, 2015, or this decision shall become null and void. 3. PICA 105114 to PICA 108114 2415357 Ontario Inc. 1769 Woodview Avenue PICA 105/14 (Part 3-Woodview Avenue) Carried Unanimously The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling. PICA 106/14 (Part 1-Woodview Avenue) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling. PICA 107/14 (Part 2-Oakburn Street) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling. PICA 108/14 (Part 4-Oakburn Street) The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling; whereas the by-law requires a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling. Page 5 of 7 Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 7:00pm Main Committee Room The applicant proposes to create a total of four residential lots for detached dwellings through the Region of Durham Land Division Committee (two fronting onto Woodview Avenue anq two fronting onto Oakburn Street). To facilitate the future development of the detached dwellings, the applicant has requested approval of these four minor variance applications to reduce the minimum side yard width. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering & Public Works Department expressing no concerns. Samantha Bateman, agent, was present to represent the application. No further representation was present in favour of or in objection to the ~pplication. · Moved by Eric Newton Seconded by Bill Utton That applications PICA 105114 to PICA 108114 by 2415357 Ontario Inc., be Approved on the grounds that a minimum side yard width of 1.2 metres where a garage is erected as part of a detached dwelling is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed lot configuration, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for future land severances to create the lots by January 22, 2016, or this decision shall become null and void. 3. That the applicant obtains building permits for the proposed construction on the proposed lots by November 25, 2016, or this decision affecting the reduced side yard widths shall become null and void. Carried Unanimously (IV) Acknowledgement David Johnson, Chair, noted that this was the last meeting of the term for the current Committee of Adjustment. He thanked the Committee members and City staff for their support during the four year term of Committee of Adjustment. Page 6 of 7 Committee of Adjustment Meeting Minutes Wednesday, November 26, 2014 7:00pm Main Committee Room 0/) Adjournment Chair Moved by Eric Newton Seconded by Bill Utton That the 16th meeting of the 2014 Committee of Adjustment be adjourned at 7:51 pm and the next meeting of the Committee of Adjustment be held in early 2015. Carried Unanimously Assistant Secretary-Treasurer Page 7 of 7