HomeMy WebLinkAboutMarch 4, 2024Executive Committee
Meeting Agenda
March 4, 2024
Hybrid Electronic Meeting – 2:00 pm
Council Chambers Chair: Councillor Pickles
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clerks@pickering.ca
Members of the public may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting.
Page 1.Call to Order/Roll Call
2.Disclosure of Interest
3.Delegations
Members of the public looking to provide a verbal delegation to Members of the ExecutiveCommittee may do so either in person or through a virtual connection into the meeting.For more information, and to register as a delegate, visit www.pickering.ca/delegation,
and complete the on-line delegation form or email clerks@pickering.ca.
The list of delegates who have registered to speak will be called upon one by one by theChair in the order in which they have registered. Delegates are allotted a maximum of 5minutes to make their delegation.
Please be advised that your name will appear in the public record and will be posted onthe City’s website as part of the meeting minutes.
3.1 Andrea Smith, Policy Advisor, Corporate Initiatives, The Regional Municipality of
Durham (In Person)
Lesley-Ann Foulds, Manager, Corporate Initiatives, The Regional Municipality of Durham (In Person) Re: Durham Region’s 2025 Strategic Plan
4.Matters for Consideration
4.1 Director, Engineering Services, Report ENG 03-24 1 Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements
Shadybrook Park, Tennis Court Expansion – Tender No. T2023-14
Recommendation:
1.That the Mayor and City Clerk be authorized to execute the Licence
Agreement with Amberlea Tennis Club submitted as Attachment 1
of Report ENG 03-24, subject to minor revisions as may be required
Executive Committee
Meeting Agenda
March 4, 2024
Hybrid Electronic Meeting – 2:00 pm
Council Chambers Chair: Councillor Pickles
For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611
clerks@pickering.ca
by the Director, Community Services and the Director, Corporate
Services & City Solicitor;
2.That the Mayor and City Clerk be authorized to execute the LicenceAgreement with Pickering Pickleball Club Inc. submitted asAttachment 2 of Report ENG 03-24, subject to minor revisions as
may be required by the Director, Community Services and the
Director, Corporate Services & City Solicitor;
3.That Tender No. T2023-14 for the Shadybrook Park Tennis CourtExpansion as submitted by Zilli Construction Ltd. in the totaltendered amount of $248,261.00 (HST included) be accepted;
4.That the total gross project cost of $291,669.00 (HST included),
including the tendered amount, a contingency and other associatedcosts, and the total net project cost of $262,657.00 (net of HSTrebate) be approved;
5.That Council authorize the Director, Finance & Treasurer to finance
the total net project cost of $262,657.00 as follows:
a)the sum of $196,993.00 available budget in capital projectC10320.2318 as approved in the 2023 Capital Budget to befunded by a transfer from Development Charges – City’s ShareReserve;
b)the sum of $65,664.00 available budget in capital project
C10320.2318 as approved in the 2023 Capital Budget to befunded by a transfer from the Development Charges ReserveFund – Parks & Recreation Services; and,
6.That the appropriate officials of the City of Pickering be authorized
to take the necessary actions as indicated in this report.
4.2 Director, Engineering Services, Report ENG 04-24 35 Proposed All-way Stop -Bainbridge Drive and Marshcourt Drive
Recommendation:
Executive Committee
Meeting Agenda
March 4, 2024
Hybrid Electronic Meeting – 2:00 pm
Council Chambers Chair: Councillor Pickles
For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611
clerks@pickering.ca
1.That the attached draft by-law be enacted to amend Schedule “6”
and Schedule “7” to By-law 6604/05 to provide for the regulation ofstop signs on highways or parts of highways under the jurisdictionof The Corporation of the City of Pickering, specifically to addressthe proposed installation of an all-way stop control at the
intersection of Bainbridge Drive and Marshcourt Drive; and,
2.That the appropriate officials of the City of Pickering be authorizedto take the necessary actions as indicated in this report.
4.3 Director, City Development & CBO, Report SUS 01-24 41
Pickering Environmental Schools Grant -Results of the 2023 Funding
Recommendation:
That Report SUS 01-24 regarding the Pickering Environmental Schools Grant be received for information.
4.4 Director, City Development & CBO, Report SUS 02-24 60
Termination of Whitby Green Standard Demonstration Project
-Termination Agreement and Release
Recommendation:
1.That Report SUS 02-24, regarding the termination of the Whitby
Green Standard Demonstration Project, be received; and,
2.That the Mayor and City Clerk be authorized to execute aTermination Agreement and Release between the Town of Whitby,
City of Pickering, Region of Durham, Mattamy Development
Corporation, and Clean Air Partnership, as set out in Attachment 1of this report, subject to the terms and conditions satisfactory toDirector, City Development & CBO, and Director, CorporateServices & City Solicitor.
4.5 Director, City Development & CBO, Report SUS 03-24 69 Pickering Urban Agriculture Project Update -Council Resolutions #100/23 and #218/23
Executive Committee
Meeting Agenda
March 4, 2024
Hybrid Electronic Meeting – 2:00 pm
Council Chambers Chair: Councillor Pickles
For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611
clerks@pickering.ca
Recommendation:
1. That Report SUS 03-24 regarding Pickering Urban Agriculture Project Update, be received for information; and,
2. That the appropriate officials of the City of Pickering be authorized
to take the necessary actions as indicated in this report.
4.6 Director, City Development & City Solicitor, Report SUS 04-24 95 Pickering Integrated Sustainable Design Standards Implementation and
Green Roof By-law Updates
- Council Resolutions #914/22 and #982/22
Recommendation:
1. That Report SUS 04-24 regarding Pickering Integrated Sustainable
Design Standards Implementation and Green Roof By-law Updates be received for information; and, 2. That the appropriate officials of the City of Pickering be authorized
to take the necessary actions as indicated in this report.
5. Member Updates on Committees
6. Other Business
7. Adjournment
Report to
Executive Committee
Report Number: ENG 03-24
Date: March 4, 2024
From: Richard Holborn
Director, Engineering Services
Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements
Shadybrook Park, Tennis Court Expansion – Tender No. T2023-14
-File: A-1440
Recommendation:
1.That the Mayor and City Clerk be authorized to execute the Licence Agreement with
Amberlea Tennis Club submitted as Attachment 1 of Report ENG 03-24, subject to minor
revisions as may be required by the Director, Community Services and the Director,
Corporate Services & City Solicitor;
2.That the Mayor and City Clerk be authorized to execute the Licence Agreement with
Pickering Pickleball Club Inc. submitted as Attachment 2 of Report ENG 03-24, subject to
minor revisions as may be required by the Director, Community Services and the
Director, Corporate Services & City Solicitor;
3.That Tender No. T2023-14 for the Shadybrook Park Tennis Court Expansion as
submitted by Zilli Construction Ltd. in the total tendered amount of $248,261.00 (HST
included) be accepted;
4.That the total gross project cost of $291,669.00 (HST included), including the tendered
amount, a contingency and other associated costs, and the total net project cost of
$262,657.00 (net of HST rebate) be approved;
5.That Council authorize the Director, Finance & Treasurer to finance the total net project
cost of $262,657.00 as follows:
a)the sum of $196,993.00 available budget in capital project C10320.2318 as
approved in the 2023 Capital Budget to be funded by a transfer from Development
Charges – City’s Share Reserve;
b)the sum of $65,664.00 available budget in capital project C10320.2318 as
approved in the 2023 Capital Budget to be funded by a transfer from the
Development Charges Reserve Fund – Parks & Recreation Services; and,
6.That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
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ENG 03-24 March 4, 2024
Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements
Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 2
Executive Summary: The purpose of this report is to provide an updated Licence
Agreement with the Amberlea Tennis Club (ATC), to provide a new Licence Agreement for the
Pickering Pickleball Club Inc. (PPC), and to obtain authorization to award Tender No. T2023-14
for the contract for the expansion of the Amberlea Tennis Club facilities located in Shadybrook
Park tennis court expansion, to Zilli Construction Ltd.
As per Council Resolution #935/22, that subject to approval of the design and construction of
the third court at Shadybrook Park for tennis and pickleball, staff be required to update the
lease agreement with Amberlea Tennis Club and return it for Council’s approval.
During the review of the current lease agreement, Legislative Services has recommended the
ATC lease agreement be converted to a licence agreement. The recommendation is based on
the usage of the facility. While a lease provides the tenant with exclusive interest in the
property, a licence grants permission for the licensee to conduct an action on the property.
Both ATC and PPC will be granted permission to conduct activities of their clubs at the
Shadybrook Park Courts, making a licence agreement more appropriate.
Board members from ATC and PPC have requested separate licence agreements for each
club, rather than pickleball’s inclusion in the updated ATC licence agreement. This allows
members to play their desired sport, with full insurance coverage under each sport’s governing
body. As a result, a new separate Licence Agreement was created for PPC.
As part of the 2023 Capital Budget, Council approved funds for the construction of an
additional Tennis/Pickleball Court at Shadybrook Park. Staff consulted with ATC and PPC and
prepared a design that will accommodate one tennis or four pickleball courts in the same
space, delineated with different colour lines on the acrylic surfacing. The tennis court netting
and posts will be permanently installed at center court while the pickleball courts will use
portable nets for their play, running in the opposite direction to the tennis court, with two courts
per side.
Tender No. T2023-14, for the court expansion was advertised on Bids & Tenders on
December 5, 2023 and closed on January 9, 2024, with 22 bidders responding. The lowest
compliant bid of $248,261.00 (HST included) submitted by Zilli Construction Ltd. is
recommended for approval. The total gross project cost which includes the tendered amount, a
contingency and other associated costs, is estimated at $291,669.00 (HST included) and the
total net project cost is estimated at $262,657.00 (net of HST rebate).
The Engineering Services Department recommends the acceptance of the lowest compliant
bid submitted Zilli Construction Ltd. for Tender No. T2023-14 in the amount of $248,261.00
(HST included) and that the total net project cost of $262,657.00 (net of HST rebate) be
approved.
Relationship to the Pickering Strategic Plan: The recommendations in this report respond
to the Pickering Strategic Plan Priority to Advance Innovation & Responsible Planning to
Support a Connected, Well-Serviced Community and to Advocate for an Inclusive, Welcoming,
Safe & Healthy Community.
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ENG 03-24 March 4, 2024
Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements
Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 3
Financial Implications:
1. Tender Amount
Tender No. T2023-14
$219,700.00
HST (13%) 28,561.00
Total Gross Tender Amount $248,261.00
2. Estimated Project Cost Summary
Shadybrook Park, Tennis Court Expansion
Tender No. T2023-14 $219,700.00
Associated Costs
Electrical Consulting (Kirkland Engineering)
Materials Testing Allowance
7,050.00
5,000.00
Contingency (12% of Tender No. T2023-14) 26,364.00
Sub Total – Costs $258,114.00
HST (13%) 33,555.00
Total Gross Project Cost $291,669.00
HST Rebate (11.24%) (29,012.00)
Total Net Project Cost $262,657.00
3. Approved Source of Funds – 2023 Parks Capital Budget
Expense Code Source of Funds Budget Available Required
C10320.2318.01-
504700
Reserve-DC’s City’s Share
DC Reserve Fund – Parks &
Recreation Services
$300,000.00
100,000.00
$196,993.00
65,664.00
Total $400,000.00 $262,657.00
Net Project Cost under (over) Approved Funds $137,343.00
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ENG 03-24 March 4, 2024
Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements
Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 4
Discussion: The purpose of this report is to provide an updated Licence Agreement with
the Amberlea Tennis Club (ATC), to provide a new Licence Agreement for the Pickering
Pickleball Club Inc. (PPC), and to obtain authorization to award Tender No. T2023-14
Shadybrook Park tennis court expansion, to Zilli Construction Ltd.
Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements
At the Council meeting of February 28, 2022, Council received correspondence Corr. 11-22
(Attachment 3) from ATC requesting the construction of a third court at Shadybrook Park that
could be used jointly for tennis and pickleball. Through Resolution #825/22 (Attachment 4)
Council directed staff to discuss ATC’s proposal; conduct an engagement of the residents who
reside in the Amberlea community near the Park; and to identify possible funding sources for
construction.
Based on the community feedback in support of a third court, the request by ATC, and ongoing
demand for pickleball courts, staff recommended in Report CS 11-22that Council endorse the
proposed plan to design and construct a third court at Shadybrook Park for tennis and
pickleball. Subject to Council’s approval to design and construct the third court, staff would
update the lease agreement with ATC and return it for Council’s approval.
As per Council Resolution #935/22 (Attachment 5), City staff have prepared an update to the
existing lease agreement with ATC.
ATC is an incorporated, not for profit volunteer run club with an existing lease agreement that
allows exclusive use of the two tennis courts at Shadybrook Park. ATC offers a variety of
lessons, leagues, and social events for all ages and all skill levels. The current cost of
membership is $30.00 for adults and $20.00 for juniors. There were 257 members for the 2023
season.
PPC is a newly incorporated, not for profit, volunteer run club with approximately 500
members. PPC membership allows players to participate in lessons, house league and social
events as well as affiliation with Pickleball Ontario and Pickleball Canada.
ATC and PPC have worked together to develop a shared schedule for use of the third court
(Court 3). Fifty-nine hours per week are available for pickleball court time, 53 hours per week
are available for tennis court time.
ATC and PPC have agreed to a 50/50 allocation of the day-to-day costs to operate on Court 3,
which includes program supplies and administrative costs. The Clubs have agreed to a 50/50
allocation of funds required to supply, maintain, repair and/or replace furniture, windscreens
and appliances, in order to operate activities. The Clubs shall jointly pay the annual charges for
hydro use to Court 3 as per the City’s General Municipal Fees By-law.
The ATC and PPC will each maintain insurance in the amount of two million dollars, naming
the City as an additional insured.
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ENG 03-24 March 4, 2024
Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements
Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 5
Staff recommends that each Licence Agreement included as Attachments 1 and 2, be initiated
for a term beginning April 1, 2024 and ending December 31, 2028.
Shadybrook Park, Tennis Court Expansion Tender
Tender No. T2023-14, for the Shadybrook Park Tennis Court Expansion, was advertised on
Bids & Tenders on December 5, 2023 and closed on January 9, 2024, with 22 bidders
responding. The low bid of $248,261.00 (HST included) submitted by Zilli Construction Ltd. is
recommended for approval. The total gross project cost which includes the tendered amount, a
contingency and other associated costs, is estimated at $291,669.00 (HST included) and the
total net project cost is estimated at $262,657.00 (net of HST rebate).
All required pre-conditions of award have been received and approved.
Upon careful examination of all tenders and relevant documents received, the Engineering
Services Department recommends the acceptance of the low bid submitted Zilli Construction
Ltd. for Tender No. T2023-14 in the amount of $248,261.00 (HST included) and that the total
net project cost of $262,657.00 (net of HST rebate) be approved.
Attachments:
1.Draft Licence Agreement with Amberlea Tennis Club
2.Draft Licence Agreement with Pickering Pickleball Club Inc.
3.Council Correspondence Corr.11-22 from Amberlea Tennis Club dated January 23, 2022
4.Council Resolution #825/22
5.Council Resolution #935/22
6.Location Map
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ENG 03-24 March 4, 2024
Subject: Amberlea Tennis Club and Pickering Pickleball Club Inc. Licence Agreements Shadybrook Park, Tennis Court Expansion, Tender No. T2023-14 Page 6
Prepared By: Approved/Endorsed By:
Karen Coleman Laura Gibbs, MBA, MSc.
Manager, Fitness, Courts & Aquatics (Acting) Director, Community Services
Arnold Mostert, OALA Richard Holborn, P. Eng. Manager, Landscape & Parks Development Director, Engineering Services
Cathy Bazinet, NIGP-CPP Stan Karwowski, MBA, CPA, CMA
Manager, Procurement Director, Finance & Treasurer
AM:mjh
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A. Chief Administrative Officer
Original signed by:Original Signed by:
Original signed by:Original signed by:
Original signed by:Original signed by
Original signed by:
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1
Licence Agreement
This Licence Agreement is made as of the 1st day of April 2024
Between:
The Corporation of the City of Pickering (the "City")
-and -
Amberlea Tennis Club (the "Club")
Article I Interpretation
Recitals:
1. Whereas arrangements have been agreed to and finalized as between theAmberlea Tennis Club and the Pickering Pickleball Club Inc. in relation to theshared use of the proposed third court expansion, it is acknowledged by the
parties hereto that this agreement is replacing the earlier lease agreement dated
July 1st, 2023
2. Whereas the Club has requested to use the two tennis courts (three once theexpansion referred to in section 45 is complete) practice area, and storage bunkers,within Shadybrook Park as shown on Schedule “A” and “B” attached hereto, located
at 1905 Shadybrook Drive, in the City of Pickering, Region of Durham andwhereas these tennis courts shall hereinafter be referred to as the “licencedpremises”.
3.The Club has agreed to use the licenced premises on a seasonal basis for the purposeof operating their non-profit tennis club.
4.The City has agreed to grant to the Club a seasonal licence subject to the terms and
conditions contained in this agreement, permitting the Club to access and use thelicenced premises for the purpose of operating its non-profit tennis club. Thereforein this agreement the “City” is the Licensor and the “Club” will be the Licensee.
Definitions
5.In this Agreement,
a)"Commencement Date" means April 1st, 2024;
b)"Licenced Premises" means that portion of the two tennis courts (two tenniscourts and one multi-use court once the expansion is complete), practice area,storage bunkers, within Shadybrook Park therein as shown on Schedule “A”
and “B” attached hereto, located at 1905 Shadybrook Drive, in the City ofPickering, Regional Municipality of Durham;
c)"Licence Fee" means the fee payable pursuant to Section 22; and
d)"Term" means the term of this Licence Agreement as set out in Section 18.
Attachment 1 to Report ENG 03-24
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2
Headings
6.The division of this Agreement into articles, sections, subsections and schedules andthe insertion of headings are for convenience of reference only and shall not affect
the construction or interpretation of this Agreement.
Severability
7.All of the provisions of this Agreement are to be construed as covenants even wherenot expressed as such. If any such provision is held to be or rendered invalid,unenforceable or illegal, then it shall be considered separate and severable from this
Agreement and the remaining provisions of this Agreement shall remain in force.
Governing Law
8.This Agreement shall be governed by, and interpreted and enforced in accordancewith, the laws in force in the Province of Ontario.
Entire Agreement
9.This Agreement constitutes the entire agreement between the parties concerning thePremises and may only be amended or supplemented by an agreement in writingsigned by both parties.
Article II Grant and Use
Grant of Licence
10.(a) In consideration of the performance by the Club of its obligations under thisAgreement, the City grants permission to the Club to use the licenced premises during the Term on a seasonal basis. The Club acknowledges its right to use the seasonal, portable washrooms facilities is non-exclusive.
(b)The Club acknowledges that this agreement does not create an interest in the
licenced premises nor does the Club claim any past or present interest,howsoever arising, as a result of or connected in any way with the use of thelicenced premises.
(c)The licence granted herein is only for the duration of this agreement and only forthe purposes and uses stated herein. No other purposes or use shall be
permitted without prior written approval from the Director of CommunityServices.
Club Use of Premises
11.Subject to paragraph 45, the Premises shall be used only for Amberlea’s non-profittennis club, at its expense and for no other purpose without the prior written consent
of the City which consent may be withheld by the City in its sole discretion.
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3
Nuisance
12.The Club shall not carry on any activities or do or suffer any act or thing thatconstitutes a nuisance or which is offensive or an annoyance to the City or other
users of Shadybrook Park.
City Use of Premises
13.It is acknowledged that if the Club for whatever reason is not actively using thelicenced premises then this agreement shall be considered to be terminated and the
City shall be free to use the licenced premises for its own purposes. The Club shallnot be entitled to receive any rental fees or any other type of remuneration associatedwith the use of the Premises by the City or any other party.
Assignment
14.The Club shall not assign this Licence without the prior written consent of the City.
Licences
15.The Club may not grant licences to any other party to use the licenced Premises.
16.The Club shall submit their annual financial statement to the City by December 1st ofeach year.
17.The Club shall submit a list of the Club Board of Directors and their contactinformation to the City by December 1st of each year.
Article III Term
Term
18.The term of this Licence shall be four (4) years from the Commencement Date toDecember 31st, 2028 from January 1st to December 31st each year.
19.The City may terminate this Licence at any time for any reason provided it has giventhe Club six (6) months prior notice in writing.
20.The Club may terminate this Licence at any time for any reason provided it has given
the City six (6) months prior notice in writing.
Overholding
21.If the Club continues to use the Premises after the expiry of the Term, there shall beno tacit renewal of this Agreement or the Term, notwithstanding statutory provisions
or any legal presumption to the contrary, and the Club shall be deemed to be
trespassing.
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Article IV Licence Fee
Licence Fee
22.The Club shall pay to the City as a licence fee for the entire Term in lawful money of
Canada the sum of One (1) Dollar ($1.00)
Utilities
23.The Club shall pay annual charges to the City for each of the tennis courts on site forhydro use. This amount shall be paid on or before April 1st in each year of the term.Annual charges are subject to The General Municipal Fees By-law.
Article V
Maintenance, Repairs and Alterations of the Licenced Premises
24.The Club shall maintain and operate the Premises so that they shall always be ofgood appearance, tidy, clean, safe and suitable for the proper operation of the
Premises.
25.The Club shall provide general maintenance services to the Premises at its expenseand shall provide all necessary cleaning and maintenance supplies and cleaningequipment related to the courts and any associated building under their exclusiveuse.
26.The Club, at its sole expense shall provide the court nets and any shade screening.
This would include installation, removal and storage each year.
27.The City or its designate, shall be responsible for all day-to-day operating expensesincluding garbage removal, bleachers, benches, fencing, any building associated withuse of the courts, lighting and the court surface life cycle replacement.
28.The Club shall be responsible for any damages or costs incurred due to the misuse
or negligence of the Club, its employees, invitees, servants, agents, or others underits control and the Club shall pay to the City on demand the expense of any repairsincluding the City’s reasonable administration charge necessitated by suchnegligence or misuse.
29.The Club shall immediately notify the City of any unsafe conditions on the Premises.
Security
30.The Club shall be responsible for the gate lock and shall ensure that the gate isproperly locked at the end of each day during the tennis season. The Club willensure that any key or combination to any lock are provided to the City formaintenance and inspection access.
Alterations/Improvements to Premises
31.The Club shall only be permitted to make alterations and improvements to the
Premises that have been approved by the City.
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Article VI Insurance and Indemnity
Club's Insurance
32.The Club, at its sole cost and expense, shall take out and maintain,
a) insurance upon property owned by it which is located on the Premises; and
b) commercial general liability insurance pertaining to the Club's liability to othersin respect of injury, death or damage to property occurring upon, in or aboutthe Premises. Such insurance to be of an amount which is reasonable andsufficient having regard to the scope of the risk and the current practice of
prudent owners of similar premises for the carrying on of similar businesses,
but in any event in an amount not less than two million dollars ($2,000,000.00)for claims arising out of one occurrence. Such policy shall also name the Cityas an additional named insured and may not be cancelled unless prior noticeby registered letter has been given to the City by the insurer 30 days in
advance of the expiry date.
33.Prior to the Commencement Date, the Club shall file with the City a Certificate ofInsurance in a form satisfactory to the City Treasurer, verifying that the commercialgeneral liability insurance policy is in effect and setting out the essential terms andconditions of the insurance.
34.The provision of the insurance policy required by this section shall not relieve the
Club from liability for claims not covered by the policy or which exceed its limits, ifany, for which the Club may be held responsible.
Insurance Risks
35.The Club shall not do, omit to do, or permit to be done or omitted to be done upon the
Premises anything that may contravene or be prohibited by any of the City's
insurance policies in force from time to time covering or relevant to any part of thePremises or which would prevent the City from procuring its policies with companiesacceptable to the City. If the conduct of business in the Premises or any acts oromissions of the Club on the Premises causes or results in any increase in premiums
for any of the City's insurance policies, the Club shall pay such increase to the City.
Indemnification
36.Each of the City and the Club shall indemnify and save harmless the other from andagainst any and all actions, losses, damages, claims, costs and expenses (includingsolicitors' fees on a solicitor and client basis) to which the party being indemnified
shall or may become liable by reason of any breach, violation or non-performance by
the party so indemnifying of any covenant, term or provision of this Licenceagreement or by reason of any damage, injury or death occasioned to or suffered byany person or persons including the City or the Club, as the case may be, or anyproperty by reason of any wrongful act, neglect or default on the part of the party so
indemnifying or any of those persons for whom it is in law responsible. For greater
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6
certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or willful misconduct of the party claiming indemnification, its employees or those for
whom it is in law responsible.
Article VII Remedies on Default
City's Right to Remedy Default
37.In addition to all other remedies the City may have under this Agreement and in law, ifthe Club is in default of any of its obligations under this Agreement, and such default
has continued for a period of ten (10) days after receipt of notice by the Club (or suchlonger period as may be reasonably required in the circumstances to cure suchdefault, except in an emergency where the City will not be required to give notice),the City, without prejudice to any other rights which it may have with respect to suchdefault, may remedy such default and the Club shall be responsible for all such costs.
In addition, if the Licensee fails to remedy any default or breach within 10 days ofbeing notified of the default or breach the Licensor may then immediately terminatethis agreement.
Waiver
38.No condoning, excusing or overlooking by the City of any default, breach or non-
observance by the Club at any time or times in respect of any covenant, obligationunder this Agreement shall operate as a waiver of the City’s rights hereunder inrespect of any continuing or subsequent default, breach or non-observance, or so asto defeat or affect in any way the rights of the City in respect of any such continuingor subsequent default or breach, and no waiver shall be inferred from or implied by
anything done or omitted by the Club save only an express waiver in writing.
Article VIII Miscellaneous
Quiet Enjoyment
39.The City shall permit the Club to peaceably use and enjoy the Premises during theTerm without any interference from the City, or any person lawfully claiming by, from
or under the City provided the Club is not in default.
Right of Entry
40.The Club agrees to permit the City and authorized representatives of the City to enterthe Premises as the City deems necessary, including for the purpose of inspectingand maintaining the premises.. The City shall use its best efforts to minimize the
disruption to the Club's use of the Premises during any such entry.
Signs
41.The Club may only erect signs on the Premises with the City’s prior approval. Allsuch signs shall be removed from the Premises at the end of the Term.
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Compliance with Laws
42.The Club, at its sole cost and expense, shall comply with all legal requirements(including statutes, laws, by-laws, regulations, ordinances, orders, rules and
regulations of every governmental authority having jurisdiction) that relate to the useof the Premises by the Club or the making of any improvements to the Premises bythe Club.
Notice
43.Any notice required to be given by the City to the Club under this Agreement shall be
in writing and shall be delivered to or such other address of which the Club hasnotified the City in writing, and any such notice delivered shall be deemed good andsufficient notice under the terms of this Lease.
Contact: Henrik Villumsen, PresidentEmail: Villumsen_henrik@yahoo.dk
Address: 1831 Fairport Rd, Pickering, ON L1V 1T2
44.Any notice required to be given by the Club to the City under this Agreement shall bein writing and shall be delivered to The Corporation of the City of Pickering, PickeringCivic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or suchother address of which the City has notified the Club in writing, and any such notice
delivered shall be deemed good and sufficient notice under the terms of thisAgreement.
Third Court Expansion
45.It is anticipated that a 3rd (third) multi-use court will be constructed at Shadybrook Parkin the spring of 2024. Once construction of the third-court expansion at Shadybrook
Park is complete as per Schedule B, it is acknowledged and agreed that AmberleaTennis Club will be sharing the new multi-use court with Pickering Pickleball Club Incand the time and hours on the new multi-use court will be split in accordance withSchedule C to this agreement. These two (2) clubs will share the operating costs ofthe new multi-use court, including the hydro charge, on a 50/50 division (Amberlea
Tennis Club will remain 100% responsible for the operating costs of the other twocourts). Any alteration of the time/hours in Schedule C is subject to the approval of theDirector of Community Services.
CHDRC Indoor Court Use
46.Should the Club require the use of the indoor tennis court(s) at the Chestnut HillDevelopments Recreation Complex for league play, tryouts and/or weather- relatedreasons and the use can be accommodated; the Club will be charged for their usageas per the current approved fees & charges.
Schedules
47. Schedules “A”, “B”, and “C” attached hereto form part of this Agreement.
- 13 -
8
In Witness Whereof the parties have executed this Licence Agreement.
The Corporation of the City of Pickering
Kevin Ashe, Mayor
Susan Cassel, City Clerk
Amberlea Tennis Club
Henrik Villumsen, President (I have authority to bind the corporation)
Luckson Zireva, Secretary
- 14 -
9
Schedule “A”
SCHEDULE "A"
SHADYBROOOK PARK
P-014
SCHEDULE"A"
SHADYBROOOKPARK
PP 014014
- 15 -
10
Schedule “B”
- 16 -
11
Schedule “C”
Shared Use Schedule for the Anticipated New Multi-Use Court
Amberlea Tennis Club will be permitted to use the new multi-use court for tennis during the following time slots:
7:00 am to 11:00 pm on Mondays, Wednesdays, Fridays and on Sunday mornings from 7:00 am to 12:00 pm.
Pickering Pickleball Club Inc will be permitted to use the new multi-use court for pickleball
during the following time slots:
7:00 am to 11:00 pm on Tuesdays, Thursdays, Saturdays and on Sundays from 12:00 pm
to 11:00 pm.
- 17 -
Licence Agreement
This Licence Agreement is made as of the 1st day of April 2024
Between:
The Corporation of the City of Pickering (the "City")
-and -
Pickering Pickleball Club Inc (the "Club")
Article I Interpretation
Recitals:
1.Whereas the Club has requested to use the one multi-use court (once the expansion
referred to in section 44 is complete) within Shadybrook Park as shown on Schedule
“B” attached hereto, located at 1905 Shadybrook Drive, in the City of Pickering, Region
of Durham and whereas this court shall hereinafter be referred to as the “licenced
premises”.
2.The Club has agreed to use the licenced premises on a seasonal basis for the purpose
of operating their non-profit pickleball club.
3.The City has agreed to grant to the Club a seasonal licence subject to the terms and
conditions contained in this agreement, permitting the Club to access and use the
licenced premises for the purpose of operating its non-profit pickleball club.
Therefore in this agreement the “City” is the Licensor and the “Club” will be the
Licensee.
Definitions
4.In this Agreement,
a)"Commencement Date" means April 1st, 2024;
b)"Licenced Premises" means that portion of the one multi-use court and
storage container (once the expansion is complete) within Shadybrook Park
therein as shown on Schedule “B” attached hereto, located at 1905
Shadybrook Drive, in the City of Pickering, Regional Municipality of Durham;
c)"Licence Fee" means the fee payable pursuant to Section 21; and
d)"Term" means the term of this Licence Agreement as set out in Section 17.
Headings
5.The division of this Agreement into articles, sections, subsections and schedules and
the insertion of headings are for convenience of reference only and shall not affect
the construction or interpretation of this Agreement.
Attachment 2 to Report ENG 03-24
- 18 -
2
Severability
6.All of the provisions of this Agreement are to be construed as covenants even where
not expressed as such. If any such provision is held to be or rendered invalid,
unenforceable or illegal, then it shall be considered separate and severable from this
Agreement and the remaining provisions of this Agreement shall remain in force.
Governing Law
7.This Agreement shall be governed by, and interpreted and enforced in accordance
with, the laws in force in the Province of Ontario.
Entire Agreement
8.This Agreement constitutes the entire agreement between the parties concerning the
Premises and may only be amended or supplemented by an agreement in writing
signed by both parties.
Article II Grant and Use
Grant of Licence
9.(a)In consideration of the performance by the Club of its obligations under this
Agreement, the City grants permission to the Club to use the licenced
premises during the Term on a seasonal basis. The Club acknowledges its
right to use the seasonal, portable washrooms facilities is non-exclusive.
(b)The Club acknowledges that this agreement does not create an interest in the
licenced premises nor does the Club claim any past or present interest,
howsoever arising, as a result of or connected in any way with the use of the
licenced premises.
(c)The licence granted herein is only for the duration of this agreement and only for
the purposes and uses stated herein. No other purposes or use shall be
permitted without prior written approval from the Director of Community
Services.
Club Use of Premises
10.Subject to paragraph 44, the Premises shall be used only for Pickering Pickleball Club’s
non-profit pickleball club, at its expense and for no other purpose without the prior
written consent of the City which consent may be withheld by the City in its sole
discretion.
Nuisance
11.The Club shall not carry on any activities or do or suffer any act or thing that
constitutes a nuisance or which is offensive or an annoyance to the City or other
users of Shadybrook Park.
- 19 -
3
City Use of Premises
12.It is acknowledged that if the Club for whatever reason is not actively using the
Licenced Premises, then this agreement shall be considered to be terminated and the
City shall be free to use the Licenced Premises for its own purposes. The Club shall
not be entitled to receive any rental fees, or any other type of remuneration
associated with the use of the Premises by the City or any other party.
Assignment
13.The Club shall not assign this Licence without the prior written consent of the City.
Licences
14.The Club may not grant licences to any other party to use the Licenced Premises.
15.The Club shall submit their annual financial statement to the City by December 1st of
each year.
16.The Club shall submit a list of the Club Board of Directors and their contact
information to the City by December 1st of each year.
Article III Term
Term
17.The term of this Licence shall be four (4) years from the Commencement Date to
December 31st, 2028 from January 1st to December 31st each year.
18.The City may terminate this Licence at any time for any reason provided it has given
the Club six (6) months prior notice in writing.
19.The Club may terminate this Licence at any time for any reason provided it has given
the City six (6) months prior notice in writing.
Overholding
20.If the Club continues to use the Premises after the expiry of the Term, there shall be
no tacit renewal of this Agreement or the Term, notwithstanding statutory provisions
or any legal presumption to the contrary, and the Club shall be deemed to be
trespassing.
- 20 -
4
Article IV Licence Fee
Licence Fee
21.The Club shall pay to the City as a licence fee for the entire Term in lawful money of
Canada the sum of One (1) Dollar ($1.00)
Utilities
22.The Club shall pay annual charges to the City for use of the multi-use court on site
for hydro use. This amount shall be paid on or before April 1st in each year of the
term. Annual charges are subject to The General Municipal Fees By-law.
Article V
Maintenance, Repairs and Alterations of the Licenced Premises
23.The Club shall maintain and operate the Premises so that they shall always be of
good appearance, tidy, clean, safe and suitable for the proper operation of the
Premises.
24.The Club shall provide general maintenance services to the Premises at its expense
and shall provide all necessary cleaning and maintenance supplies and cleaning
equipment related to the court under their exclusive use.
25.The Club, at its sole expense shall provide the court nets. This would include
installation, removal and storage each year.
26.The City or its designate, shall be responsible for all day-to-day operating expenses
including garbage removal, bleachers, benches, fencing, any building associated with
use of the courts, lighting and the court surface life cycle replacement.
27.The Club shall be responsible for any damages or costs incurred due to the misuse
or negligence of the Club, its employees, invitees, servants, agents, or others under
its control and the Club shall pay to the City on demand the expense of any repairs
including the City’s reasonable administration charge necessitated by such
negligence or misuse.
28.The Club shall immediately notify the City of any unsafe conditions on the Premises.
Security
29.The Club shall be responsible for the gate lock and shall ensure that the gate is
properly locked at the end of each day during the pickleball season. The Club
will ensure that any key or combination to any lock are provided to the City for
maintenance and inspection access.
Alterations/Improvements to Premises
30.The Club shall only be permitted to make alterations and improvements to the
Premises that have been approved by the City.
- 21 -
5
Article VI Insurance and Indemnity
Club's Insurance
31.The Club, at its sole cost and expense, shall take out and maintain,
a)insurance upon property owned by it which is located on the Premises; and
b)commercial general liability insurance pertaining to the Club's liability to others
in respect of injury, death or damage to property occurring upon, in or about
the Premises. Such insurance to be of an amount which is reasonable and
sufficient having regard to the scope of the risk and the current practice of
prudent owners of similar premises for the carrying on of similar businesses,
but in any event in an amount not less than two million dollars ($2,000,000.00)
for claims arising out of one occurrence. Such policy shall also name the City
as an additional named insured and may not be cancelled unless prior notice
by registered letter has been given to the City by the insurer 30 days in
advance of the expiry date.
32.Prior to the Commencement Date, the Club shall file with the City a Certificate of
Insurance in a form satisfactory to the City Treasurer, verifying that the commercial
general liability insurance policy is in effect and setting out the essential terms and
conditions of the insurance.
33.The provision of the insurance policy required by this section shall not relieve the
Club from liability for claims not covered by the policy or which exceed its limits, if
any, for which the Club may be held responsible.
Insurance Risks
34.The Club shall not do, omit to do, or permit to be done or omitted to be done upon the
Premises anything that may contravene or be prohibited by any of the City's
insurance policies in force from time to time covering or relevant to any part of the
Premises or which would prevent the City from procuring its policies with companies
acceptable to the City. If the conduct of business in the Premises or any acts or
omissions of the Club on the Premises causes or results in any increase in premiums
for any of the City's insurance policies, the Club shall pay such increase to the City.
Indemnification
35.Each of the City and the Club shall indemnify and save harmless the other from and
against any and all actions, losses, damages, claims, costs and expenses (including
solicitors' fees on a solicitor and client basis) to which the party being indemnified
shall or may become liable by reason of any breach, violation or non-performance by
the party so indemnifying of any covenant, term or provision of this Licence
agreement or by reason of any damage, injury or death occasioned to or suffered by
any person or persons including the City or the Club, as the case may be, or any
property by reason of any wrongful act, neglect or default on the part of the party so
indemnifying or any of those persons for whom it is in law responsible. For greater
- 22 -
6
certainty, the limitation of liability set out above in this section does not extend to
claims, losses or damages resulting in whole or in part from the gross negligence or
wilful misconduct of the party claiming indemnification, its employees or those for
whom it is in law responsible.
Article VII Remedies on Default
City's Right to Remedy Default
36.In addition to all other remedies the City may have under this Agreement and in law, if
the Club is in default of any of its obligations under this Agreement, and such default
has continued for a period of ten (10) days after receipt of notice by the Club (or such
longer period as may be reasonably required in the circumstances to cure such
default, except in an emergency where the City will not be required to give notice),
the City, without prejudice to any other rights which it may have with respect to such
default, may remedy such default and the Club shall be responsible for all such costs.
In addition, if the Licensee fails to remedy any default or breach within 10 days of
being notified of the default or breach the Licensor may then immediately terminate
this agreement.
Waiver
37.No condoning, excusing or overlooking by the City of any default, breach or non-
observance by the Club at any time or times in respect of any covenant, obligation
under this Agreement shall operate as a waiver of the City’s rights hereunder in
respect of any continuing or subsequent default, breach or non-observance, or so as
to defeat or affect in any way the rights of the City in respect of any such continuing
or subsequent default or breach, and no waiver shall be inferred from or implied by
anything done or omitted by the Club save only an express waiver in writing.
Article VIII Miscellaneous
Quiet Enjoyment
38.The City shall permit the Club to peaceably use and enjoy the Premises during the
Term without any interference from the City, or any person lawfully claiming by, from
or under the City provided the Club is not in default.
Right of Entry
39.The Club agrees to permit the City and authorized representatives of the City to enter
the Premises as the City deems necessary, including for the purpose of inspecting
and maintaining the premises. The City shall use its best efforts to minimize the
disruption to the Club's use of the Premises during any such entry.
Signs
40.The Club may only erect signs on the Premises with the City’s prior approval. All
such signs shall be removed from the Premises at the end of the Term.
- 23 -
7
Compliance with Laws
41.The Club, at its sole cost and expense, shall comply with all legal requirements
(including statutes, laws, by-laws, regulations, ordinances, orders, rules and
regulations of every governmental authority having jurisdiction) that relate to the use
of the Premises by the Club or the making of any improvements to the Premises by
the Club.
Notice
42.Any notice required to be given by the City to the Club under this Agreement shall be
in writing and shall be delivered to or such other address of which the Club has
notified the City in writing, and any such notice delivered shall be deemed good and
sufficient notice under the terms of this Agreement.
Contact: Mike Garvey, President
Email: mikegarvey24@gmail.com
Address: 1703 Greenvale Crescent
Pickering, ON L1V 4W7
43.Any notice required to be given by the Club to the City under this Agreement shall be
in writing and shall be delivered to The Corporation of the City of Pickering, Pickering
Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such
other address of which the City has notified the Club in writing, and any such notice
delivered shall be deemed good and sufficient notice under the terms of this
Agreement.
Third Court Expansion
44.It is anticipated that a 3rd (third) multi-use court will be constructed at Shadybrook Park
in the spring of 2024. Once construction of the third-court expansion at Shadybrook
Park is complete as per Schedule B, it is acknowledged and agreed that Pickering
Pickleball Club Inc will be sharing the new multi-use court with Amberlea Tennis Club
and the time and hours on the new multi-use court will be split in accordance with
Schedule C to this agreement. These two (2) clubs will share the operating costs of
the new multi-use court, including the hydro charge, on a 50/50 division (Amberlea
Tennis Club will remain 100% responsible for the operating costs of the other two
courts). Any alteration of the time/hours in Schedule C is subject to the approval of the
Director of Community Services.
CHDRC Indoor Court Use
45.Should the Club require the use of the indoor tennis/pickleball court(s) at the
Chestnut Hill Developments Recreation Complex for league play, tryouts and/or
weather- related reasons and the use can be accommodated; the Club will be
charged for their usage as per the current approved fees & charges.
Schedules
46.Schedules “A”, “B”, and “C” attached hereto form part of this Agreement. (Schedule “A”
illustrates the courts pre-s. 44 expansion)
- 24 -
8
In Witness Whereof the parties have executed this Licence Agreement.
The Corporation of the City of Pickering
Kevin Ashe, Mayor
Susan Cassel, City Clerk
Pickering Pickleball Club Inc
Mike Garvey, President
(I have authority to bind the corporation)
David Werry, Vice-President
- 25 -
9
Schedule “A”
SCHEDULE "A"
SHADYBROOOK PARK
P-014
SCHEDULE"A"
SHADYBROOOKPARK
PP 014014
- 26 -
10
Schedule “B”
- 27 -
11
Schedule “C”
Shared Use Schedule for the Anticipated New Multi-Use Court
Amberlea Tennis Club will be permitted to use the new multi-use court for tennis during
the following time slots:
7:00 am to 11:00 pm on Mondays, Wednesdays, Fridays and on Sunday mornings from
7:00 am to 12:00 pm.
Pickering Pickleball Club Inc will be permitted to use the new multi-use court for pickleball
during the following time slots:
7:00 am to 11:00 pm on Tuesdays, Thursdays, Saturdays and on Sundays from 12:00 pm
to 11:00 pm.
- 28 -
Pickering, January 23, 2022
To Mr. Maurice Brenner
City Councillor Ward 1
City of Pickering
Dear Mr. Brenner:
My name is Henrik Villumsen and I’m the new president of Amberlea Tennis Club (ATC),
succeeding Rosemary Aiken who has decided to step down, after many years of successful
volunteering. The courts are located in the Shadybrook Park in Amberlea.
She and I were looking at your “New Year’s Message” in the January 2022 issue of Amberlea
Living and noticed you mentioned a new pickleball feature this Spring.
We understand that pickleball is an up-and-coming sport, with a growing demand for courts in
our city.
ATC’s membership has grown over the years and in 2021, we had over 300 members (this is in
contrast to 150 members in 2018, so quite a significant jump). The outside courts are used for
casual playing, junior drop-ins, leagues (both club and inter-city in Durham) and camps (mainly
juniors) with the latter run by a pro and his team.
However, we still only have 2 courts available to the members (and a practice court with a wall)
for the above-mentioned activities and programs. As you can imagine, court availability has
become a challenge.
Attachment 3 to Report ENG 03-24
Corr. 11-22
- 29 -
In the past, the club’s request for a 3rd court has not been approved by the city.
However, we believe there is now the potential for a “win-win” situation and have the
following proposal: add a 3rd court which would feature both tennis and pickleball
•this court could be perpendicular to the 2 existing courts in order not to disturb the
residential housing nearby
•the court would have lighting to enable play at night
•there would be a separate entrance
•access to the court via a key lock on the gate
The last 3 points are similar to what we currently have for the tennis courts.
Our goal would be to develop and maintain a strong partnership with the pickleball members
and ensuring that ample court time would always be available.
We firmly believe this would be a massive boost for both sports in our community and have a
positive impact on the area!
Please contact me if you would like to discuss further.
I’m reachable on e-mail and phone
Best regards,
Henrik Villumsen
- 30 -
Legislative Services Division Clerk’s Office Directive Memorandum
March 4, 2022
To: Richard Holborn Director, Engineering Services
From: Susan Cassel City Clerk
Subject: Direction as per Minutes of the Meeting of City Council held on
February 28, 2022
Amberlea Tennis Club Partnership with Pickleball
Council Decision Resolution #825/22
WHEREAS, the membership of the Amberlea Tennis Club has doubled from 150 in
2018 to 300 in 2021, creating the need for a third court to accommodate this continued
growing sport;
And Whereas, the Amberlea Tennis Club provides opportunities for casual playing, junior drop-ins, leagues (club and inter-city in Durham) and junior camps;
And Whereas, the Amberlea Tennis Club recognizes the importance of building partnerships, and in particular how this can accommodate the rapid growth of pickleball and its need for more outdoor facilities;
And Whereas, the president of the Amberlea Tennis Club on behalf of its membership,
has put forward a proposal that will accommodate their club and that of the pickleball users, requesting a third court be constructed perpendicular to the existing courts in order to not disturb the residents. The third court would include lighting, an entrance separating it from the two existing courts, and would be constructed in a manner that
would enable its shared use by pickleball users;
Now therefore be it resolved that the Council of The Corporation for the City of Pickering directs:
1.That staff through the Office of the CAO reach out to the Amberlea Tennis Club
to discuss their proposal for the construction of a third court to be shared with
pickleball users;
2.That staff through the Office of the CAO conduct an engagement of the residentswho reside in the Amberlea community near the Park where the proposal is
being considered;
3.That staff through the Office of the CAO identify funding sources such as DCs,grants and other revenue streams that could enable consideration forconstruction as part of the 2023 Capital Budget; and,
Attachment 4 to Report ENG 03-24
- 31 -
4.That staff through the Office of the CAO report back to Council through theExecutive Committee no later than the June 6, 2022 meeting.
Please take any action deemed necessary.
A copy of the original correspondence is attached for your reference.
Susan Cassel
Encl.
Copy: Chief Administrative Officer
- 32 -
Legislative Services Division Clerk’s Office Directive Memorandum
June 30, 2022
To: Sarah Douglas-Murray Director, Community Services
From: Susan Cassel City Clerk
Subject: Direction as per Minutes of the Meeting of City Council held on
June 27, 2022
Director, Community Services, Report CS 11-22 Amberlea Tennis Club Court Expansion -Shadybrook Park
Council Decision Resolution #935/22
1.That Report CS 11-22, regarding Amberlea Tennis Club Court Expansion at
Shadybrook Park, be received;
2.That Council endorse, in principle, the proposed plan to design and construct
a third court at Shadybrook Park for Tennis and Pickleball;
3.That funding for design and construction of the third court at Shadybrook Park
for Tennis and Pickleball be considered in the preparation of the 2023 Parks
Capital Budget;
4.That subject to approval of the design and construction of the third court at
Shadybrook Park for Tennis and Pickleball, staff be directed to update the
lease agreement with Amberlea Tennis Club and return it for Council’s
approval; and,
5.That the appropriate officials of the City of Pickering be authorized to take the
necessary actions indicated in this report.
Please take any action deemed necessary.
Susan Cassel
Copy: Director, Finance & Treasurer
Chief Administrative Officer
Attachment 5 to Report ENG 03-24
- 33 -
Engineering Services
Department
SCALE: DATE:
1:5000 Feb. 16,2024
Attachment 6 to Report ENG 03-24
Shadybrook Park
Location Map - 34 -
Report to
Executive Committee
Report Number: ENG 04-24 Date: March 4, 2024
From: Richard Holborn
Director, Engineering Services
Subject: Proposed All-way Stop
-Bainbridge Drive and Marshcourt Drive-File: A-1440
Recommendation:
1.That the attached draft by-law be enacted to amend Schedule “6” and Schedule “7” to By-law 6604/05 to provide for the regulation of stop signs on highways or parts of highwaysunder the jurisdiction of The Corporation of the City of Pickering, specifically to address theproposed installation of an all-way stop control at the intersection of Bainbridge Drive and
Marshcourt Drive; and,
2.That the appropriate officials of the City of Pickering be authorized to take the necessaryactions as indicated in this report.
Executive Summary: Area residents have expressed safety concerns with the intersection of Bainbridge Drive and Marshcourt Drive with respect to vehicle volume, pedestrian safety, vehicle speed and cut-through traffic. In response to these concerns, Engineering Services staff completed a review of the intersection of Bainbridge Drive and Marshcourt Drive.
Based on the results of the review, staff recommend an all-way stop be placed at the intersection
of Bainbridge Drive and Marshcourt Drive to reduce vehicle conflicts and create a point where pedestrians can cross the road safely.
Relationship to the Pickering Strategic Plan: The recommendations in this report respond to
Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community.
Financial Implications: The supply and installation of stop signs, advance warning signs, and pavement markings at the intersection of Bainbridge Drive and Marshcourt Drive can be accommodated within the 2024 Roads Current Budget.
- 35 -
ENG 04-24 March 4, 2024
Subject: Proposed All-way Stop Bainbridge Drive and Marshcourt Drive Page 2
Discussion: Area residents have expressed safety concerns with the intersection of Bainbridge
Drive and Marshcourt Drive, and the intersection of Marshcourt Drive and Beechlawn Drive with
respect to vehicle volume, pedestrian safety, vehicle speed and cut-through traffic. In response to these concerns, Engineering Services staff completed a review of the two intersections, which included observations of vehicle and pedestrian traffic, and a review of existing signs and pavement markings.
This report focuses on the intersection of Bainbridge Drive and Marshcourt Drive, as the
intersection of Marshcourt Drive and Beechlawn Drive requires more information to be collected and additional consultation with the area residents before a recommendation can be made.
The intersection of Bainbridge Drive and Marshcourt Drive has three approaches with Bainbridge Drive being a main collector road extending from Kingston Road to Marshcourt Drive. Marshcourt
Drive is also a main collector north/south road, which extends from Pickering Parkway to
approximately 200 metres north of Bainbridge Drive, where the road ends at a private residential complex entrance.
The review by Engineering Services staff for the intersection of Bainbridge Drive and Marshcourt Drive indicates the following:
1.Motorists can get from Pickering Parkway to Kingston Road by travelling on Marshcourt
Drive and turning onto Bainbridge Drive, which can be faster than accessing theneighbouring arterial streets of Notion Road, and Brock Road. However, even with a ‘NoExit’ sign placed on the north leg of the intersection of Bainbridge Drive and MarshcourtDrive, motorists were witnessed travelling to the north limit of Marshcourt Drive and then
having to turn around. An all-way stop would create a break in the flow of traffic where
motorists can turn onto Bainbridge Drive.
2.Vehicular conflicts were witnessed at the intersection, in particular when motorists turn fromeastbound Bainbridge Drive to southbound Marshcourt Drive and there is already asouthbound vehicle on Marshcourt Drive travelling through the intersection.
3.Pedestrians were observed crossing at the intersection. An all-way stop at this intersection
would create a safe crossing point for pedestrians.
4.Residents have stated that they are concerned that traffic will eventually increase though theneighbourhood once the construction of houses is completed on Pickering Parkway.
To improve the flow of traffic, reduce vehicle conflicts and provide better protection for pedestrians
crossing at the intersection, Engineering Services staff recommend an all-way stop be placed at
the intersection of Bainbridge Drive and Marshcourt Drive.
The proposed all-way stop control at the intersection of Bainbridge Drive and Marshcourt Drive is shown graphically in Attachment 1. The draft by-law amendment to Schedule “6”, Through Highways and Schedule “7”, Stop Signs, of By-law 6604/05 is presented in Attachment 2.
- 36 -
ENG 04-24 March 4, 2024
Subject: Proposed All-way Stop Bainbridge Drive and Marshcourt Drive Page 3
Attachments:
1. Proposed All-way Stop Control – Bainbridge Drive and Marshcourt Drive
2.Draft by-law, Amendment to Schedule “6”, Through Highways and, Schedule “7”, Stop Signs,to By-law 6604/05.
Prepared By: Approved/Endorsed By:
Nathan Emery Richard Holborn, P. Eng. Coordinator, Traffic Programs & Operations Director, Engineering Services
M.Eng.
Manager, Transportation & Traffic
NE:mjh
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A. Chief Administrative Officer
Original signed by:Original signed by:
Original signed by:
Nadeem Zahoor, P. Eng.,
Original signed by:
- 37 -
- 38 -
The Corporation of the City of Pickering
By-law No.
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.
Whereas By-law 6604/05, as amended, provides for the regulating of traffic and parking
on highways, private property and municipal property within the City of Pickering; and
Whereas, it is deemed expedient to amend Schedule 6, Through Highways and, Schedule 7, Stop Signs, to By-law 6604/05 to provide for the regulation of stop signs on highways or parts of highways under the jurisdiction of the Corporation of the City of
Pickering. Specifically, this by-law is to provide for the installation of an all-way stop at
the intersection of Bainbridge Drive and Marshcourt Drive.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1. Schedule 6 to By-law 6604/05, as amended, is hereby further amended thereto
by the following:
Schedule 6
Through Highways
Column 1 Column 2
Highway Limits (From/To)
Delete
Marshcourt Drive Full Limit
Add
Marshcourt Drive Pickering Parkway to Bainbridge Drive
Attachment 2 to Report ENG 04-24
- 39 -
By-law No. Page 2
2. Schedule 7 to By-law 6604/05, as amended, is hereby further amended theretoby the following:
Schedule 7
Stop Signs
Column 1 Column 2
Highway Compulsory Stop Facing Traffic
Add
Marshcourt Drive Marshcourt Drive, northbound and southbound @ Bainbridge Drive
By-law passed this 25th day of March, 2024.
____________________________ Kevin Ashe, Mayor
________________________________ Susan Cassel, City Clerk
- 40 -
Report to
Executive Committee
Report Number: SUS 01-24 Date: March 4, 2024
From: Kyle Bentley
Director, City Development & CBO
Subject: Pickering Environmental Schools Grant
-Results of the 2023 Funding-File: D-7000-007
Recommendation:
1.That Report SUS 01-24 regarding the Pickering Environmental Schools Grant bereceived for information.
Executive Summary: The purpose of this report is to present an overview of the student
activities enabled by the City’s 2023 Environmental Schools Grant program. On October 21, 2019, Council approved the creation of a Pickering Environmental Schools Grant (Resolution #154/19). The purpose of the grant was to provide Pickering students with the opportunity to implement activities that contribute to a healthy environment.
The Durham Catholic District School Board (DCDSB) and the Durham District School Board (DDSB) each had access to up to $10,000.00 for their respective schools. The Viamonde School Board (VSB) could apply for up to $1,000.00, which was reflective of there being only one joint elementary and secondary school site in Pickering. Staff worked with the three school boards to communicate the grant opportunity to their respective schools. Nine schools applied
and a total of $20,581.74 in funding was allocated in 2023.
The DCDSB, the DDSB, and the VSB each provided a report outlining the projects that were undertaken (see Attachments 1, 2 and 3 respectively). Through the City of Pickering’s Environmental Schools Grant, students achieved the following initiatives:
•installed outdoor community garden beds to grow flowers and fresh food, to be used by theschool community and to educate students on the importance of growing local food;
•created native pollinator gardens with drought-resistant plants;
•installed bird feeders and baths to attract pollinators and support outdoor learning;
•participated in the Seed Saving education workshop, presented by The Edible GardenProject, to learn about growing seeds, and participated in an experiment where they madetheir own self watering container and planted sprouts to grow;
•purchased native plants for pollinator gardens along with new gardening tools/supplies, thatwere needed to maintain the garden bed;
•helped fund an indoor hydroponic garden project; and
•purchased garden materials such as soil testing kits, bird feeders, bird seed, and aVermicomposter, to enhance and maintain their pollinator gardens.
- 41 -
SUS 01-24 March 4, 2024
Subject: Pickering Environmental Schools Grant Page 2
Pickering’s Environmental Schools Grant initiative provided equitable access for thousands of students to be engaged in fun, educational, and meaningful activities they otherwise would not
have been able to pursue.
Relationship to the Pickering Strategic Plan: The recommendations in this report respond
to the Pickering Strategic Plan Priorities of Lead & Advocate for Environmental Stewardship,
Innovation & Resiliency, and Strengthen Existing & Build New Partnerships.
Financial Implications: Not applicable to this report. The cost of this program is funded
from the casino reserve.
Discussion: The parameters outlined in the Environmental Schools Grant Application Guidelines ensured that the funded activities/programs achieved the following:
• provided an environmental benefit to the Pickering community and its residents;
• had clear measurable benefits and results; and
• directly supported the City’s goals to continuously improve environmental sustainability.
A total of nine schools from DCDSB, DDSB and the VSB participated in the program, and they recognized the City’s contribution in various ways including:
• eNewsletters
• social media
• classroom communications
• outdoor posters
• School Community Councils/School Councils
Many schools have inquired about applying for funds in 2024. Subject to 2024 budget approval, Pickering’s Environmental Grant program is intended to be offered again to the
above-noted school boards.
The attached reports provide a brief overview and photographs of the work that was completed by the students. Through the Environmental Schools Grant, many schools were able to deliver meaningful projects they may not have otherwise been able to. The City of Pickering’s grant provided opportunities for local students to expand their knowledge about environmental
matters and share their experience with family and friends. In summary, this report presents an
overview of the student activities enabled by the City’s 2023 Environmental Schools Grant program. These efforts will help Pickering’s future decision-makers gain a sense of empowerment about the role they play in creating a more sustainable home, neighbourhood, and City.
- 42 -
SUS 01-24 March 4, 2024
Subject: Pickering Environmental Schools Grant Page 3
Attachments
1.Durham Catholic District School Board 2023 Environmental Grant Final Report
2.Durham District School Board 2023 Environmental Grant Final Report
3.Viamonde School Board 2023 Environmental Grant Final Report
Prepared By:
Original Signed By
Melanie Edmond, HBSc.
Coordinator, Sustainability
Original Signed By
Chantal Whitaker, BESc (Hons), CSR-P Manager, Sustainability & Strategic Environmental Initiatives
Approved/Endorsed By:
Original Signed By
Kyle Bentley, P. Eng.
Director, City Development & CBO
Original Signed By
Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer
ME:ld
Recommended for the consideration
of Pickering City Council
Original Signed By
Marisa Carpino, M.A. Chief Administrative Officer
- 43 -
Attachment 1 to Report SUS 01-24
Durham Catholic District School Board
Pickering Environmental Schools Grant 2023
Final Report
- 44 -
St. Mary Catholic Secondary School – We Grow Food
St. Mary Catholic School partnered with We Grow Food to help repurpose a greenspace
at the school, and through engagement, gave students the opportunity to develop
garden beds to grow flowers and fresh food, which can be used by them.
An Outdoor Ed Leadership Team of 40 St. Mary students helped deliver the project.
However, the project will help the larger school community made up of 1300 students.
Through the program, they are able to grow fruit and vegetables for the school
community, and also create an outdoor classroom where teachers can take their
classes outside for lessons and classes.
St. Mary’s acknowledged the City of Pickering’s contribution through photos and
messaging posted to twitter.
- 45 -
St. Monica Catholic School
The City of Pickering’s Environmental School grant has made it possible for our school
to plant a pollinator garden that will help the environment and be an educational tool for
our students. We created a space with many types of indigenous and drought resistant
flowering plants to attract pollinators such as bees and butterflies to this garden. We
have also made our garden bird friendly by adding two bird feeders and a bird bath. As
we know birds are very important pollinators of wildflowers throughout the world.
The benefit of the project would be a new habitat garden for native pollinators in
Pickering. We can help sustain and support the native bee population in Pickering.
There is a lot to be done to protect bees, but our small garden is one action our
students and families can commit to. We have at least one classroom that has
committed to counting and recording the number of pollinators they see in the garden
on a weekly basis. The garden supports the Life Systems strand in the science
curriculum for all grades. It is located conveniently by the outdoor classrooms and
already has been used by teachers as a spring board of conversation to talk about the
environment. The garden spans roughly 100 square feet.
Two intermediate classes weeded and planted all the plants, and the ECO team was
excited to create “Thank you City of Pickering” Posters that will go in the garden. The
ECO team (40 students grade 4 and up) will maintain the garden (weeding and
watering) in the spring. For Long-term maintenance plan the ECO team will create a
maintenance schedule for watering and weeding the garden. We will also communicate
to our families, that volunteers will be welcome to sign up for helping to care for our
garden.
The ECO team has created colourful thank you posters that have been laminated and
put on posts. They will be put in the garden until it starts to snow. Then the posters will
be stored until the Spring and put out again. The principal informed parent council about
the funds from the City of Pickering, and they were very excited about the project. When
the garden blooms the principal and vice principal will Tweet pictures of the garden
using hashtags #cityofpickering #pollinatorgarden. Thank you, City of Pickering, for
supporting our local environment, our eco initiatives and our students at St. Monica’s
Catholic School!
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- 47 -
St. Isaac Jogues Catholic School
St. Isaac Jogues Catholic School participated in the Seed Saving education workshop
presented by The Edible Garden Project. On November 7th, students learned about how
vegetables grow and that we can grow our own food in small spaces. They learned
about germination, condensation, evaporation, and absorption before participating in an
experiment where they made their own self watering container and planted sprouts to
grow. We now have a garden in our courtyard that will grow vegetables for students to
eat. Thirty-nine students planted sprouts in their individual self-watering container and
then Carol and Michelle from The Edible Garden Project will return in the spring and we
will plant seeds in the big garden that they built. They will help us plant seeds and show
students how to care for a garden. In the seed saving workshop 39 students were
engaged in making a self-watering container and then planting sprouts in the morning
and then 31 students painted murals to decorate the outside of garden. We also had 10
grade 8 volunteers helping to fill our gardens with soil. The school will acknowledge the
City of Pickering's contribution by informing our parent community of the project in the
spring.
- 48 -
Attachment 2 to Report SUS 01-24
Durham District School Board
Pickering Environmental Schools Grant 2023
Final Report
- 49 -
2
City of Pickering Environmental Grant
Final Report 2023
As of the end of 2023, the following schools have completed their
environmental grant projects in partnership with the City of Pickering.
Dunbarton High School:
The grant funds were used to purchase native plants for our pollinator gardens along with new
gardening tools/supplies that were needed to maintain the garden beds at Dunbarton High
School. With the grant, Dunbarton High school was able to implement a healthier environment
around the school while promoting local biodiversity. The native plants that we have planted
require less water, fertilizer, pesticides than the previous plants that are not native to that
environment. They are able to improve the air quality of the environment, while also providing a
habitat and source of food for pollinators such as birds, bees and butterflies and insects alike.
The addition of the native plants to our existing pollinator gardens are able to help maintain
biodiversity in the Dunbarton community.
The Dunbarton Environmental Council can measure the project’s success using a number of
factors. First, engage as many students as possible to actively take part in the planting process.
The project was successful in attracting approx. 30 students (and 3 staff) to organize and plant
80 native species plants in the pollinator gardens. Providing a welcoming green space within the
school campus which allows students to immerse in nature on a daily basis. This will be
monitored by inviting classes to use the courtyard and allowing students to access the courtyard
during lunch and spares. The idea is to enhance the use of the school courtyard and promote it
as a healthy, natural green space. In addition to engaging the community to use the space, it
will be required to maintain the gardens as well. The enviro students have created a
watering/weeding schedule for the gardens in addition to purchasing the required tools to keep
the gardens healthy and vibrant. The plan will be to maintain the gardens on an annual basis to
ensure their success in attracting pollinators and students to the courtyard, alike.
- 50 -
3 - 51 -
4
Fairport Beach Public School
Funds were used to support the We Grow Food project. Two representatives came to
the school for a full day and discussed a variety of topics with our ECO Club students
and teacher. The students were involved in several hands-on activities. One planter box
was constructed (mid-November) and then in the spring the representatives will come
back to teach our students how to plant and care for items planted at the school. This
project involved 1 staff member, and approximately 10 students. The City of Pickering
was recognized through our school newsletter and Instagram.
- 52 -
5
Maple Ridge Public School
Garden Club (Grade 4 to 8 students) worked in the spring and fall to plant drought
tolerant, pollinator friendly, and native plants. They tended the plants weekly: watering,
mulching and weeding. The plants were labeled using painted rocks, with the name of
the plant as well as its attributes (as listed above). We grew plants from seedlings,
seeds and bulbs and even saved some seeds to plant again next year. This has
served as an educational opportunity for students at the school as well as other
visitors to the school. Garden Club members were excited to show off the garden to
their parents on curriculum night. Our Maple Ridge school community council took
notice of the garden, and parents donated even more plants to the garden.
We also grew food plants in the garden, as well as in our indoor Tower Garden. This
spring/summer we were able to harvest: lettuce, arugula, parsley and garlic. One
grade 3 class also did a deep dive into plants and pollination, growing plants in their
classroom, collecting plant samples from outside, and keeping nature journals.
Project summary: -26 edible plants grown indoors.
-Over 16 new perennials added to the outdoor garden.
-Grade 3 students demonstrated learning over time in their journals.
-Garden Club members demonstrated their learning by gaining increasing competence
and independence, caring for their plants week after week.
-4 teachers and over 60 students directly involved with the project
The City of Pickering’s contribution was recognized in the Parent newsletter, aThankYou message posted on Maple Ridge social media account, and a. message added togarden sign.
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6 - 54 -
7
Frenchman’s Bay Public School
A group called We Grow Food came to our school and built two 8x4x2 cedar planter
boxes for growing vegetables. They then ran a day of education and activities for
approximately 75 of our grade 3 students as well as a handful of grade 8 students from
our Eco Club. They learned about seed saving, planting, growing, sustainable practices,
etc. Due to the timing of this project, the measurable results won't be visible until the
spring, when planters will be used to plant new crops. That being said, we think the
engaging day of learning provided valuable hands-on experiential learning for the
students was valuable, and was measurable through their grades in their science unit.
The plan for the spring is to use these planters to educate and inspire environmental
stewardship among our students. Once the plants yield, the produce will be donated to
families in need. Approximately 75 grade 3 students, 6 Grade 8 students and 2 teachers
led the project. More will be involved in the spring. The City of Pickering’s contribution
was recognized with newsletters to the grade 3 families, school wide newsletters, and
social media posts. In the future, more of the same will be done when we use this for
the Eco Club initiatives described above.
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8
Claremont Public School
The purpose of the project was to provide a rejuvenation of the front gardens at
Claremont P.S. through increasing the number of native pollinating plants to keep
species of birds, butterflies and other pollinating friends in abundance and provide a
stable and thriving ecosystem. Through the generous Environmental Schools Grant by
the City of Pickering, we were able to buy tools for working in and maintaining a garden,
a place to store the tools, a soil testing kit, bird feeders and bird seed, a
Vermicomposter with worms, and mulch to keep the weeds down in the garden. The
eager members of the Grade 2-4 Gardening Club plus educators worked tirelessly on
lunch hours to weed, dig up existing bulbs, remove perennials to put aside so we were
able to put down landscaping fabric (to minimize future weeds), replant bulbs and
perennials, plant the new bulbs purchased and fill and hang the new bird feeders (which
also happen to be squirrel proof!), and cover with a layer of mulch. We have left a small
section of the end of the garden for soil play and discovery where students can freely
dig and examine bugs, test soil and explore in a more natural area. The vermicomposter
is in the Grade 1 and 2 classroom and students are actively learning about how the red
wrigglers are composting fruit and vegetable matter to create a rich compost that we
look forward to using in the spring. We have planted an additional 45 bulbs and have
been able to better organize the plants within the garden to accommodate different
types of pollinators. The compost that the worms create will be able to be directly put
back into the garden for rich soil in the spring.
We have met weekly as a garden club since the middle of September to work on this
rejuvenation project. Students learned how to plant bulbs, how to space them (how
deep to dig), how to use the gardening tools safely. Other classes in the school will be
offered to host the vermicomposter in their classroom and learn about the worm
composting process. As the garden is now ready for the winter ahead, we look forward
to continuing our exploration in the spring and the students will enjoy seeing the new
garden unfold before them. The City of Pickering has been recognized several times in
our school`s newsletter, we share pictures on our school monitor of the work the garden
club has done, and a sign has been created for the garden to recognize the generosity
of the City of Pickering. On November 14, we did a ribbon cutting ceremony with the
Garden Club where the sign was unveiled to the students and we thanked the
contributing members of the large endeavor. Students were excited to be a part of this
large transformation with special thanks going to the City of Pickering!
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9 - 57 -
1
Attachment 3 to Report SUS 01-24
Viamonde School Board École secondaire Ronald Marion Pickering Environmental Schools Grant 2023
Final Report
- 58 -
2
The Environmental Schools Grant helped École secondaire Ronald Marion fund a
school-wide indoor hydroponic garden project.
To introduce the hydroponic garden project, we recruited students interested in the
initiative, introduced the virtual Vireo platform to the science teachers, as well as
planned the inclusion of our grade 11 Boussole cohort in the leadership and scalability
of the project.
With the assistance of staff, we added a botanical club (10 students) to the eco schools
club (15 students). Those two clubs have collaborated on a number of gardening
projects (cleaning up the patio for planting in the spring, preparing the Nutritowers for
planting, and building the nutritower).
The virtual platform has been presented to our science department head, to be
introduced in December to our science teachers, and then be used by the grade 7-12
science teachers with their students for gardening, but also as an extension resource
that focuses on environmentalism and leadership. With the Vireo tower, as well as the 7
Nutritowers from previous years, we will have the capacity of planting between 200-300
plants at least once a year.
- 59 -
Report to
Executive Committee
Report Number: SUS 02-24 Date: March 4, 2024
From: Kyle Bentley
Director, City Development & CBO
Subject: Termination of Whitby Green Standard Demonstration Project
-Termination Agreement and Release-File: D-7001-022
Recommendation:
1.That Report SUS 02-24, regarding the termination of the Whitby Green StandardDemonstration Project, be received; and
2. That the Mayor and City Clerk be authorized to execute a Termination Agreement andRelease between the Town of Whitby, City of Pickering, Region of Durham, Mattamy
Development Corporation, and Clean Air Partnership, as set out in Attachment 1 of this
report, subject to the terms and conditions satisfactory to Director, City Development &CBO, and Director, Corporate Services & City Solicitor.
Executive Summary: In December 2022, through Report PLN 46-22, Council authorized the Mayor and City Clerk to execute a Memorandum of Understanding between the Town of Whitby, City of Pickering, Region of Durham, Mattamy Development Corporation, and Clean Air Partnership for the Whitby Green Standard Demonstration Project (Resolution #33/22).
The purpose of this report is to inform Council that the Whitby Green Standard Demonstration
Project will not be moving forward. The focus of the project was to measure the costs and benefits of integrating the three voluntary tiers of the Whitby Green Development Standards at the design, construction, and occupancy stages, for low-rise residential development. The Town of Whitby was the lead on this project. The City of Pickering contribution was through in-kind staff support, not funding. Due to factors beyond the control of the Town of Whitby and
Mattamy, the project will no longer be proceeding.
The Town of Whitby staff prepared the attached Termination Agreement Release, which was reviewed by the City of Pickering’s Legal Services, and City staff are seeking Council approval to execute.
Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Good Governance.
Financial Implications: Not applicable to this report
- 60 -
SUS 02-24 March 4, 2024
Subject: Termination of Whitby Green Standard Demonstration Project Page 2
Discussion: In December 2022, the City of Pickering entered into a Memorandum of Understanding (MOU) between the Town of Whitby, City of Pickering, Region of Durham,
Mattamy Development Corporation, and Clean Air Partnership for the Whitby Green Standard
Demonstration Project (Resolution #33/22).
The purpose of this report is to inform City of Pickering Council that the Whitby Green Standard Demonstration Project will not be moving forward and to seek Council’s approval to execute the Termination Agreement and Release.
The project partners initiated the Whitby Green Standard Demonstration Project to measure
the costs and benefits of integrating the three voluntary tiers of Whitby’s green standard at the design, construction, and occupancy stages for developing three to six low-rise residential homes. When the project was proposed, construction of the subject developments was going to occur in 2023 and 2024. Due to a number of unforeseen issues, the anticipated construction
date for the subject developments has been updated to 2028, reducing the value of the project.
In addition, since the time this project was first proposed, Mattamy has advanced their corporate sustainability commitments. As such, all homes within the subject developments will be built to a more advanced sustainability performance measure.
With unexpected delays in the construction of the demonstration houses and considering that
both of Mattamy’s developments will be built to advanced sustainability measures, Whitby staff
have concluded it is not the best use of time and resources to move forward with this project. The City of Pickering was not a funding partner, and its contribution was limited to in-kind staff support only. Whitby staff prepared the attached Termination Agreement and Release. The document was reviewed by City of Pickering Legal Services, and staff are seeking Council’s
authorization to execute.
Attachment:
1. Termination Agreement and Release
- 61 -
SUS 02-24 March 4, 2024
Subject: Termination of Whitby Green Standard Demonstration Project Page 3
Prepared By:
Original Signed By
Chantal Whitaker, BESc (Hons), CSP-P
Manager, Sustainability & Strategic
Environmental Initiatives
Approved/Endorsed By:
Original Signed By
Kyle Bentley, P.Eng.
Director, City Development & CBO
CW:ld
Recommended for the consideration of Pickering City Council
Original Signed By
Marisa Carpino, M.A. Chief Administrative Officer
- 62 -
1 of 6
Attachment 1 to Report SUS 02-24
TERMINATION AGREEMENT AND RELEASE
B E T W E E N:
THE CORPORATION OF THE TOWN OF WHITBY (“Whitby”)
-and -
MATTAMY DEVELOPMENT COPORATION (“Mattamy”)
-and -
THE REGIONAL MUNICIPALITY OF DURHAM (“Durham”)
-and -
THE CITY OF PICKERING (“Pickering”)
-and -
CLEAN AIR PARTNERSHIP (“CAP”)
INTRODUCTION
1.In 2020, Whitby approved a tiered Green Development Standard (the “Whitby
Green Standard” or “WGS”) to increase the uptake of sustainable design criteria
in new development, with a focus on low-rise development (available here
www.whitby.ca/greenstandard).
2.Whitby, Mattamy, Durham, Pickering, and CAP (collectively, the “Parties” or
individually a “Party”) agreed, by Memorandum of Understanding for the Whitby
Green Standard Demonstration Project (the “MOU”), to collaborate on a
demonstration project that measures the costs and benefits of integrating the three
voluntary tiers (Tiers 2-4 of the WGS) of Green Development Standards at the
design, construction and occupancy stages of low-rise residential development
(the “Project”).
3.For reasons beyond the control of the Parties, or any one of them individually, the
Project will not be proceeding and it has been determined that the MOU will be
terminated.
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2 of 6
4. Durham provided payment in the amount of $10,000.00 to Whitby in connection
with the Project. Whitby has refunded this amount to Durham and a separate
Termination Agreement and Release was executed as between Durham and
Whitby.
TERMINATION
5. The MOU is hereby terminated by the mutual agreement of the Parties. The Parties
shall have no further obligations to one another and shall no longer be required to
comply with the terms of the MOU, save and except as noted below. The
termination of the MOU shall be effective as of the date of execution of this
Termination Agreement and Release.
SURVIVING TERMS
6. The obligations as relating to Confidential Information as set out in Paragraph
16 of the MOU, Contractual Liability as set out in Paragraph 24 of the MOU and
Indemnification as set out in Paragraph 25 of the MOU shall continue to apply
notwithstanding the termination of the MOU.
7. Further to the above term, the Parties hereby represent, warrant and agree that no
Party has any claim against another Party arising out of or in connection with the
MOU.
RELEASE
8. In consideration of the terms as set out in this Termination Agreement and
Release, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, including their elected and appointed officials,
heirs, trustees, beneficiaries, executors, administrators, legal or personal
representatives, officers, directors, shareholders, employees, agents, insurers,
predecessors, successors and assigns do hereby release and forever discharge
one another from any and all actions, causes of action, applications, debts,
dues, accounts, bonds, covenants, contracts, complaints, obligations, duties,
breaches of contract, breaches of duty or any relationship, acts, omissions,
compensations, promises, damages, costs, losses, expenses, claims for
interest or disbursements, remedies for losses, choses in action, entitlements,
liabilities, demands, rights of indemnity and all other claims and rights (the
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3 of 6
"Claims"), which any of the parties had, has, or may have in the future out of
or in any way related to the MOU.
9. The Parties agree to bear their own costs incurred in relation to any of the matters
to which this Termination Agreement and Release applies or in relation to any of
the matters with respect to which the Patries agree herein not to make any claim
or take any proceeding.
10. The Parties covenant and agree not to make or publish any disparaging
statements, whether written or oral, regarding each other.
11. The Parties agree to keep the terms of this Termination Agreement and Release,
as well as all discussions leading to the execution of this Termination Agreement
and Release strictly confidential, except where such disclosure is required by law
or to provide necessary disclosure to financial or legal advisors. If such disclosure
is required, the Parties will take all reasonable steps to have the confidentiality of
the information maintained to al other purposes by any person or entity to whom
the required disclosure is made.
12. The Parties agree that in the event that any party should hereafter commence any
proceedings involving Claims against any other Party, or any third party, relating
to matters dealt with in this Termination Agreement and Release, this document
may be raised as an estoppel to any such Claims in the proceedings by any of the
Parties.
13. The Parties agree that for the aforesaid consideration, the parties represent and
warrant that they have not assigned or transferred, or purported to assign or
transfer, to any person, partnership, corporation, or other such entity, any of the
Claims released above, nor any of the matters about which it agrees herein not to
make any claim or take any proceedings.
14. The Parties agree that the aforesaid consideration is deemed to be no admission
of liability on the part of any Party and that any such liability is expressly denied.
FEES AND COSTS
15. The Parties shall be responsible for their own fees and costs incurred in connection
with the MOU, any other agreement or transaction related to the Project, and for
any fees or commissions payable to any person it has retained in respect of the
Project and this Termination Agreement and Release.
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4 of 6
GOVERNING LAW
16.This Termination Agreement and Release shall be governed by and construed in
accordance with the applicable laws of the Province of Ontario and Canada.
COUNTERPARTS
17.This Termination Agreement and Release may be executed in two or more
counterparts (including counterparts signed or delivered electronically), each of
which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
ACKNOWLEDGEMENT
18.The Parties acknowledge that they are entering into this Termination Agreement
and Release freely and voluntarily and without undue influence or duress. The
Parties further acknowledge that they have been given sufficient time to seek legal
advice with respect to this matter and the terms of this Termination Agreement and
Release as they consider appropriate. The Parties voluntarily accept the terms of
this Termination Agreement and Release for the purpose of making full and final
compromise, adjustment and settlement of fall Claims as set out above. The
parties further acknowledge that, other than the consideration promised herein, no
representation of fact or opinion, threat or inducement has been made or given by
any Party to induce the signing of this Termination Agreement and Release.
SIGNATURES
Executed by Whitby this ______ day of __________________, 2024.
THE CORPORATION OF THE TOWN OF WHITBY
Matthew Gaskell, Chief Administrative Officer
Fuwing Wong, Commissioner of Financial Services / Treasurer
We have authority to bind the corporation.
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5 of 6
Executed by Durham this ______ day of __________________, 2024.
THE REGIONAL MUNICIPALITY OF DURHAM
Elaine Baxter-Trahair, Chief Administrative Officer
I have authority to bind the corporation.
Executed by Mattamy this ______ day of __________________, 2024.
MATTAMY DEVELOPMENT COPORATION
Andrew Sjogren, Senior Vice President
I have authority to bind the corporation.
Executed by Pickering this ______ day of __________________, 2024.
THE CITY OF PICKERING
Kevin Ashe, Mayor
Susan Cassel, Clerk
We have authority to bind the corporation.
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6 of 6
Executed by CAP this ______ day of __________________, 2024.
CLEAN AIR PARTNERSHIP
Gabriella Kalapos, Executive Director
I have authority to bind the corporation.
- 68 -
Report to
Executive Committee
Report Number: SUS 03-24 Date: March 4, 2024
From: Kyle Bentley Director, City Development & CBO
Subject: Pickering Urban Agriculture Project Update -Council Resolutions #100/23 and #218/23-File: D-7001-026
Recommendation:
1.That Report SUS 03-24 regarding Pickering Urban Agriculture Project Update, bereceived for information; and
2.That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: In February 2023, Council passed a motion directing staff to consult with stakeholders regarding the implementation of an Urban Farming pilot project (see
Resolution #100/23, Attachment 1). In response, in June 2023, Council considered Report SUS 05-23 which provided an overview of activities currently underway that support urban farming. The report also outlined short and long-term actions that staff could undertake to further address the many facets of urban farming, also known as urban agriculture.
The purpose of this report is to provide an update regarding:
•results of the public consultation and stakeholder engagement
•actions staff have undertaken to increase support and awareness of urban agriculture
•next steps that will be taken to further address urban agriculture in the City
Public and stakeholder engagement is an important component of developing an urban agriculture action plan, which ensures its long-term success. On December 6, 2023, a Let's Talk Pickering platform page and “Urban Agriculture” survey were launched to assist the City in understanding the following:
•what urban agriculture related activities (if any) residents currently participate in
•what are the barriers for those that do not participate
•how the City could help assist residents’ efforts to carry out urban agricultural activities
Approximately 92% of the 530 online surveys were completed by Pickering residents. See Appendix I to review the public survey results.
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In January 2024, targeted surveys were also sent to places of worship, local schools, and the development community. Staff will re-engage with these key stakeholders to further explore
opportunities, challenges, and means to collaborate on urban agriculture activities.
The City has long recognized the importance of implementing and investing in urban agriculture initiatives to address food supply, food security, and sustainable urban development. These activities can help reduce grocery bills, carbon emissions, and provide opportunities to support social, physical, and mental wellbeing. Since the Council update in June 2023
(Report SUS 05-23), this effort has expanded with new programs, events, and actions, with
more planned for the next twelve months.
Relationship to the Pickering Strategic Plan: The recommendations in this report respond
to the Pickering Strategic Plan Priorities of: Champion Economic Leadership & Innovation;
Advocate for an Inclusive, Welcoming, Safe & Healthy Community; Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community; Lead & Advocate for Environmental Stewardship, Innovation & Resiliency; Strengthen Existing & Build New Partnerships; and Foster an Engaged & Informed Community.
Financial Implications: Not applicable to this report.
Discussion:
1. Background
Urban Agriculture comes in many forms and is defined simply as growing or producing food in urban spaces. On February 27, 2023, Council passed a motion (see
Resolution #100/23, Attachment 1) directing staff to “consult with stakeholders
regarding the implementation of an Urban Farming pilot project for the enjoyment of urban backyard egg production only and urban farming to include vertical farming”. Sustainability staff focused on the urban farming component of this resolution.
On June 26, 2023, Council endorsed Report SUS 05-23 (see Resolution #218/23,
Attachment 2), which provided an overview of the many facets of urban agriculture. This
included a summary of existing efforts, municipal best practices, and short and long-term actionable items that could be explored to further support urban farming in the City.
On September 25, 2023, upon considering Report FIN 16-23, Council requested staff to explore the suitability of three specific properties for community gardening. Using the
City’s Community Garden Policy (ADM 240), the assessment of these newly vested
properties is included in this report.
Urban agriculture has the potential to advance multiple sustainable goals identified in the City’s Corporate Strategic Plan, Official Plan, Recreation & Parks Master Plan, and Community Safety and Well-Being Plan, among others. For that reason, urban
agriculture elements have been integrated in various corporate initiatives, including for
example, programming for the Pickering Public Library, Pickering Museum Village, Community Services Department, and City Development Department. - 70 -
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2.Engagement
2.1 Overview of Engagement
In spring 2023, staff created an engagement plan to solicit feedback from residents,
community groups, development community, places of worship, schools, Region of Durham, Durham College, Toronto and Region Conservation Authority (TRCA), Hydro One/Infrastructure Ontario, City Departments and Advisory Committees, and Pickering Public Library staff.
The objectives of this engagement included:
•examining current levels of awareness and generating more public knowledge aboutthe City’s urban agriculture focused activities
•encouraging residents and stakeholders to provide feedback on their current urban
agricultural practices and recommending what additional tools (if any) the City couldprovide to assist
•assisting the City in understanding the barriers for residents and stakeholders toparticipate in, or provide urban agriculture activities
•soliciting feedback that could help shape short and long-term actions that addressthese barriers, where feasible
In summer 2023, City staff held meetings with staff from the Region of Durham, TRCA
and Durham College to learn more about their respective urban agriculture programs,
with the aim to explore possible partnership opportunities. Staff also recently met internally to discuss the exciting new projects being undertaken at the Pickering Public Library, Pickering Museum Village, and at George Ashe Library & Community Centre.
In fall 2023, City staff visited the Durham College Barrett Centre of Innovation in
Sustainable Urban Agriculture site in Ajax. The demonstration site showcased various
methods to grow food in a community. Staff also visited a Durham Community Housing site in Pickering where We Grow Food (a non-profit organization) worked with area residents to construct raised garden plots. We Grow Food was able to successfully deliver this opportunity thanks to the City of Pickering’s Community Grant program.
2.2 Community (Public) Survey
In December 2023, a new urban agriculture focused webpage went live on the City’s website. In addition, on December 6, 2023, staff launched the Let's Talk Pickering urban agriculture project page and public survey. The purpose of the public survey was to gain a better understanding of existing programs/initiatives, where and why residents choose
to grow their own food, and what the barriers are for those who choose not to. Various
means of promoting this engagement opportunity were used, including:
•media release
•new pickering.ca webpage on urban agriculture
•pickering.ca landing page blocks
•City’s social media feeds
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•digital signs
•pop-up banners and rack cards in City and Pickering Public Library facilities
•curbex signs
•direct email to various groups and Advisory Committees
•eNewletters
•paid advertisements on durhamregion.com and on social media feeds
The online survey closed on January 29, 2024. A total of 530 surveys were completed.
Detailed survey findings are set out in Appendix I of this report.
City staff greatly appreciate the community’s participation in the survey as their feedback is helping to inform the City's short-term actions and long-term planning to better meet the community's needs. The input will help City staff develop educational programs and tools, select workshop topics, and explore new opportunities.
Staff are using the public’s feedback to tailor actions for early 2024, including:
•Provide additional information on the website about best practices and resourcesregarding how to start a vegetable garden, zoning permissions (a number of
respondents were not aware that you can grow plants and shrubs in a front yard),
and how to grow food in small spaces, etc.
•Host educational workshops and seminars. In spring 2024, staff are offeringworkshops about ‘Vegetable Gardening in Containers’ and ‘Seed Saving’. Staff areexploring topics for fall 2024 to help residents who are not sure how to plan for and
start a garden.
•Information on the website about how residents can donate extra produce e.g. Growa Row program.
2.3 Organizational Stakeholder Surveys
In January 2024, organizational stakeholder-specific surveys were distributed to the development community, local schools, and places of worship. The purpose of this survey was to better understand why urban agriculture consideration is (or is not) part of their sustainability plan/actions, challenges to undertaking these programs, and if there was interest in further engagement.
The questionnaire was sent to over 50 developers and builders across the greater Toronto area, BILD, RESCON, Durham Home Builders Association, the Seaton Landowners Group, and the Integrated Sustainable Design Standards (ISDS) Building Advisory Panel. A total of six completed surveys were received.
From the six completed surveys returned, feedback noted that:
•sustainable urban agriculture was part of their company’s sustainability goals, andover the years, there has been an increase in consumer demand
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Subject: Pickering Urban Agriculture Project Update Page 5
•their company has integrated urban agriculture elements, such as community
gardens, amended balcony design/layout to accommodate planters, raised garden
planters on the podium, etc., into development projects, due to consumer demand
Respondents indicated that current challenges include:
•lack of space on site (compliance with building envelope and zoning requirementswere more important)
•as a land developer, they often do not get involved in the garden aspects onbuildings/rooftops - that is left to the builders, and eventually condominium boardsand residents
•unsure of future land ownership, such as whether the development was subject to afuture condominium board or offered as rental housing
•over-programming of amenity spaces with other uses, such as child’s play area andminimum municipal zoning open space requirement (when constructed to minimum
landscape open space requirements)
•the upfront financial cost and future operation/maintenance of the dedicated area forthe community garden, which may (or may not) be maintained by the future propertyowner
Staff contacted all Durham Catholic District School Board, Durham District School Board and Viamonde School Board affiliated schools in the City of Pickering. In recent years, many schools have participated in the City’s School Environmental Grant Program and have used the funds to build raised garden beds and purchase indoor vegetable growing towers. These projects offer exciting learning opportunities for
students. From all of the schools that were contacted by email, the City received two completed surveys and feedback noted that:
•external gardens and trees were planted through City’s Environmental Schools
Grant but creating indoor vertical gardens was challenging due to costly lighting and
maintenance issues during holidays and staff turnover
•dedicated staff members are necessary to sustain such projects
Staff also reached out to places of worship in the City of Pickering. A few years ago, staff learned of a place of worship in the City that installed raised garden beds to grow
vegetables to donate to local seniors, Dedicated Advocacy Resource Support (DARS), and parish members. Often, places of worship centers have the resources to carry out these activities such as volunteers, land, parking, access to water, and kitchen facilities. Of the 21 sites that were contacted by email, the City received three completed surveys and feedback noted that:
•For over six years, they have maintained a community garden that donated produceto those less fortunate. They want to expand the garden area, but they lack financialfunding.
•Interested in having a garden on their premises, but the sandy soil is unsuitable forgrowing. Alternative options like raised beds would need to be considered.
•They would like to understand more about community gardens, but they needfinancial resources and help learning how to start one.- 73 -
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2.4 Next Steps to Engage Stakeholders
Given the low organizational stakeholder survey participation rate, staff will use other
means such as a workshop, site visits, and phone interviews, to connect with the
development community, schools, and places of worship. This additional engagement will provide staff with more information to help guide elements of the urban agriculture project.
3. Urban Agriculture (UA) Project Progress
Following Council Resolution #218/23 in June 2023, staff initiated the City’s Urban
Agriculture Project. Over the past eight months, the main objective has been to take steps towards addressing the nine short-term and three long-term actions. The following sections of this report contain a summary of the progress made to date for each action item identified in Report SUS 05-23.
3.1 Short-Term Actions Progress
This next section outlines the short-term actions that were undertaken by staff from various departments.
3.1.1 Create an online urban farming/agriculture survey to examine the need for more education, programs, funding opportunities, and project site selections
The Community (public) survey was completed, and details were reported in Section 2.2
of this report. The Let’s Talk Pickering Community Survey Results are included in Appendix I.
3.1.2 Update the City of Pickering website to increase visibility and promotion of urban agriculture
In December 2023, staff launched a new City of Pickering urban agriculture webpage
and consolidated community garden information, educational resources, and helpful links for the public. Staff will continue to expand this webpage with more resources.
3.1.3 Continue to promote urban agriculture and local food within the community
During the launch of the Urban Agriculture Project, staff developed a robust
communication plan and applied a collaborative community-based approach to promote
urban agriculture and local food. Sustainability staff will continue to promote urban agriculture educational programs and efforts of others.
Lead by the Pickering Public Library, another action item for 2024/2025 is to expand access to urban agriculture resources, seeds, and educational classes. Staff at the
George Ashe Branch of the Pickering Public Library have initiated a Seed Library
program, which launched in mid-February 2024. Through a grant from the TD Friends of the Environment, the Seed Library encourages healthy food and sustainable practices while preserving and protecting the biodiversity of plants and food crops. From February through to September 2024, the Library will be providing residents with 20 free programs
on topics related to food literacy, seeds, and gardening.
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3.1.4 Develop a ‘community garden toolkit’ for private landowners to share information and resources
The focus of this effort has been modified to address survey results. Staff will review
what tools have been requested by residents and organizational stakeholders to help them to engage in urban agriculture on their property. The need differs depending on the landowners and, therefore, will need to be tailored. For example, some survey respondents want help connecting to those who have done similar projects; others wish
to expand their project and are keen to learn about grant opportunities.
3.1.5 Initiate an urban agriculture focused meeting with members of the building community to discuss challenges and opportunities on site
In 2023, there has been a steady increase of urban agriculture elements incorporated into the planning and development process. There are excellent examples of the
development community incorporating urban agriculture into new neighbourhoods. This
includes providing community gardening plots on the ground and on terraces/podiums, as well as through edible landscaping, and container balcony gardening.
The results of the development community survey are included in Section 2.3 of this report. Staff will continue to engage developers and explore an educational workshop
so that industry representatives can learn from each other, and from those who have
successfully integrated urban agriculture into their projects.
3.1.6 Continue encouraging builders to incorporate community and vegetative roof gardens in new development
Based on municipal best practices, multi-residential and high-rise residential buildings
are excellent candidates for builders to consider vegetative roofs and edible
landscaping. Innovative actions have been implemented, such as community garden planters integrated into the private amenity space on podiums and balconies. Through the planning application consultation and review processes, staff have provided written and verbal feedback on the benefits of including urban agriculture options into new
developments. This has led to an increased voluntary consideration of community
garden plots on the ground and building podiums.
Moving forward, staff will continue to promote urban agriculture as a voluntary option during the planning review and approval process.
3.1.7 Explore smaller community garden opportunities in existing parks: determine the
costs associated to establish and report back prior to the 2024 budgetary review period
Staff reassessed the feasibility of an additional community garden within existing City parks using the City’s Community Garden Policy criteria (ADM 240). Unfortunately, existing parks were not determined to be feasible at this time, due to the following
reasons:
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Subject: Pickering Urban Agriculture Project Update Page 8
• unfavourable slope/land topography
• no access to water and parking
• extensive existing programming in the space
Through the update to the 2017 Recreation & Parks Master Plan, the City will continue to consider community gardens and the installation requirements when planning future
parks and program space.
At the September 2023 Executive Committee meeting, in consideration of Report FIN 16-23, Committee members asked staff whether three newly vested properties were suitable for community gardening. Staff conducted an in-person site visit to assess each area and determined that the sites were unsuitable for a community garden due to
limited and unsafe access, low-lying wetland area, exceptionally steep slope, no access to water/parking, and mature trees throughout. Although these sites are not satisfactory for a small community garden, one of the sites is ideal for a naturalization project to enhance the existing shrub/tree canopy. Staff are exploring this planting project for fall 2024.
Since the update provided in June through Report SUS 05-23, staff has continued working with Valley Plentiful Community Garden Committee (VPCG), Region of Durham, and Hydro One staff regarding an enhancement project in Diana Princess of Wales Park to increase the number of raised gardens plots and create an accessible parking lot. This work is in alignment with the 2017 City of Pickering Recreation & Parks
Master Plan that noted the City should investigate the potential to provide convenient parking and improved accessibility.
The primary parking area for VPCG users is at the Chestnut Hill Developments Recreation Complex. The current distance from the south garden to the recreation
complex parking lot is approximately 370 metres, and the distance to the second garden
is approximately 470 metres. Given the lengthy distance from the parking area to the garden plots, gardeners with accessibility challenges, seniors, and food bank volunteers have been parking their vehicles along the Kingston Road boulevard. However, the City does not support any parking on the boulevard of this busy road.
Through earlier discussions, we understand the Region of Durham is proceeding with
the proposed Kingston Road reconstruction to accommodate a new Bus Rapid Transit route, a new sidewalk, and a cycle path, which would eliminate the roadside parking activity.
City staff submitted a Provincial Secondary Land Use Program Application seeking
permission to undertake the project in Diana Princess of Wales Park. The scope of work
includes, in-part, a new asphalt parking lot with 13 parking spaces – 2 being barrier-free, and 3 accessible garden plots. City staff are waiting for Hydro One approval. Subject to approval by Hydro One and subject to adoption of the 2024 Budget, the project will be tendered in spring 2024 and construction starting in summer 2024.
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Subject: Pickering Urban Agriculture Project Update Page 9
3.1.8 Advancing gardening opportunities through the Pickering Museum Village and George Ashe Library and Community Centre
The Pickering Museum Village staff are also pursuing a "Gather and Grow" urban
agriculture initiative through the communal and healing aspects of food. The phased project begins with an outdoor program space and gardens, opening in fall 2024, followed by an interior exhibit in 2026-2028. Targeting multi-generational, multi-cultural families, the project involves partnerships with local cultural groups and the TRCA. The
outdoor space features a propane-fueled pizza oven, teaching gardens, and a
greenhouse for educational opportunities. Accessible technologies and compliance with the Accessibility for People with Disabilities Act (AODA) will be prioritized onsite.
Additionally, the George Ashe Library & Community Centre was recently granted $25,000 to expand the Plot to Plate Program. The project, named “Lettuce Turnup the
Beat on Gardening”, involves the addition of new accessible garden beds and inclusion
of structured gardening opportunities into City programs. The project aims to align with the deliverables of the Community Safety & Well-Being Plan through the growth of senior’s volunteer programs, and donation of surplus produce to the local food bank. The garden expansion will enable the delivery of recreation culinary programs that focus
on healthy lifestyles, cooking on a budget, and providing information on how to grow
your own food. This project supports the City's Community Garden Program and objectives of the Urban Agriculture Project.
3.1.9 Research planning mechanisms to support onsite urban agriculture through the development approval process
During the planning process, staff will advocate for urban agriculture elements, monitor
legislative changes to the Planning Act, and engage industry representatives. Staff will continue to review planning mechanisms to support onsite urban agriculture through the development planning approval process.
3.1.10 Continue to examine official plan policies and zoning opportunities to support
vertical farming or plant-based manufacturing in the new City Consolidated Zoning By-law
Sustainability staff will actively participate in the upcoming Official Plan review to analyze and evaluate the policies outlined in the City of Pickering Official Plan (POP). Through this process, Sustainability staff will provide guidance and work collaboratively
with Policy Planning staff on updating the policy framework for cultivating food in urban
areas, thereby aiding the community in promoting sustainable and healthy food production practices.
3.2 Long-Term Actions Progress
As outlined in Report SUS 05-23, through ongoing long-term actions staff will explore
partnerships, opportunities, and planning issues/barriers associated with urban
agriculture.
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Subject: Pickering Urban Agriculture Project Update Page 10
3.2.1 Research other means to promote or offer support for urban agriculture including, community garden development on private property (e.g. hydro corridors,
conservation land, Region of Durham, places of worship, etc.)
In September 2023, City staff met with TRCA to learn more about their Urban Agriculture Program. TRCA’s program was developed in 2008 and currently includes four urban farms on TRCA properties: Albion Hills Community Farm in the Town of Caledon; Black Creek Community Farm in the City of Toronto; The Living City Farm at
the Kortright Centre in the City of Vaughan; and McVean Farm at Claireville
Conservation Park in the City of Brampton. An individual manages each conventional farm, while a partner organization or private farm entity manages each urban farm. All actively farmed properties are under a lease agreement with TRCA.
In October 2023, City staff met with representatives from Durham College’s Barrett
Centre of Innovation in Sustainable Urban Agriculture to discuss the partnership
between Durham College and the Durham Region’s Economic Development and Tourism Division (Invest Durham). In this example, vacant regional land was allocated on an interim basis to create and operate the urban farm, focusing on urban agriculture practices, research, education, and training. Located in Ajax, the site displays an array
of methods for growing food such as balcony containers, raised beds, compostable
bags, in-ground fields with advanced watering technology, fruit trees, hoop structures, and a large purpose-built container for vertical farming of leafy vegetables.
With support from members of Council, the City is exploring an opportunity to collaborate with DARS and a property owner to develop an urban agriculture
opportunity on a transitional housing project site.
3.2.2 Explore the cost and benefits of retaining services to assist with the development of an Urban Farming (Urban Agriculture Strategy)
Some municipalities have established an urban agriculture strategy (UAS). A UAS is a strategic document that helps identify the municipality’s role in supporting corporate and
community efforts to increase urban-scale food production. Staff will investigate the cost
and benefits of retaining consulting services to assist with developing a city UAS.
3.2.3 Consider including draft performance criteria (supporting urban agriculture) within the Integrated Sustainable Design Standards during the next review cycle for this standard
A few municipalities with green development standards have included a voluntary
performance measure for new development to incorporate urban agriculture design considerations. The purpose of the volunteer measure is to encourage the builder to commit to a minimum percentage of space for food production. Staff have consulted with other municipalities in Durham to investigate the uptake of voluntary urban
agriculture performance measures. Preliminary discussions note that uptake has been
low and, in some cases, too early to confirm.
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Subject: Pickering Urban Agriculture Project Update Page 11
City staff have been promoting the benefits of urban agriculture in reviewing new residential development applications. In the last six months, there has been a strong
uptake of applications that have integrated urban agriculture elements into the site and
landscape plans, such as raised garden beds, community gardens on the ground, and tall building podiums. This increase in urban agriculture uptake aligns with the preliminary feedback from the development community, which prefers a flexible urban agriculture performance measure as each site and building product type is different.
Moving forward, staff will continue to promote and monitor the uptake of urban
agriculture design elements in new development. This information will help to inform the ISDS during the next review cycle for this standard.
4.Next Steps to further support Urban Agriculture in the City of Pickering
A resilient food system is important to the City, and urban agriculture continues to be an
important component through its economic, community, and sustainability benefits. As
outlined in this report, in the last eight months, staff initiated a strategy to engage withthe public and organizational stakeholders, and achieved various deliverables tosupport urban agriculture.
Based on engagement results to date, staff will continue with the following next steps:
1.promote urban agriculture and offer educational opportunities for residents through
workshops, program enhancements, tools, and the website2. stakeholder outreach through in-person meetings, site visits (where appropriate),workshops, and seminars3. encourage features within new development that enable urban agriculture
4.proactively consider gardens and the installation requirements when planning future
parks and program spaces5. research other tools to support onsite urban agriculture through the developmentapproval process6.monitor and, where appropriate, promote urban agriculture policy and zoning
improvements
7.investigate partnership opportunities such as with the Region of Durham, TRCA,Durham College Barrett Centre of Innovation in Sustainable Urban Agriculture,places of worship, schools, etc.8.explore the feasibility and cost-benefit of retaining a consultant to assist with
developing an Urban Agriculture Strategy
Urban agriculture increases residents’ access to healthy, affordable, fresh produce. City staff will continue to address this important sustainability matter through the actions outlined in this report.
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Appendix
Appendix I Community Survey Results – Urban Agriculture
Attachments:
1.Resolution #100/23 (Urban Farming Pilot Program Motion by Council)2.Resolution #218/23 (Report SUS 05-23 responding to Council’s Motion)
Prepared By:
Original Signed By
Lalita Paray, MCIP, RPP
Senior Planner, Sustainability
Original Signed By
Chantal Whitaker, BESc (Hons), CSP-P Manager, Sustainability & Strategic Environmental Initiatives
Approved/Endorsed By:
Original Signed By
Catherine Rose, MCIP, RPP
Chief Planner
Original Signed By
Kyle Bentley, P. Eng. Director, City Development & CBO
LP:ld
Recommended for the consideration of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
- 80 -
Appendix I to Report SUS 03-24
Community Survey Results – Urban Agriculture
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- 91 -
Let's Talk Pickering : Summary Report for December 6, 2023 to January 30, 2024
Thank you for your feedback!Would you like to be entered into a draw to a
Vegetable/Herb Grow Bag Kit?
457 (86.2%)
73 (13.8%)
Question options
Yes No, thank you
Mandatory Question (530 response(s))
Question type: Dropdown Question
Page 11 of 11 - 92 -
Attachment 1 to Report SUS 03-24
Legislative Services Division Clerk’s Office Directive Memorandum
March 9, 2023
To: Paul Bigioni Director, Corporate Services & City Solicitor
Kyle Bentley Director, City Development & CBO
From: Susan Cassel City Clerk
Subject: Direction as per Minutes of the Meeting of City Council held on February 27, 2023
Urban Farming
Council Decision Resolution #100/23
Please take any action deemed necessary.
Susan Cassel
Copy: (Acting) Manager, Municipal Law Enforcement Services Manager, Sustainability & Strategic Environmental Initiatives Chief Administrative Officer
WHEREAS, The Corporation of the City of Pickering promotes itself as becoming one of the most sustainable cities in Canada;
And Whereas, rising inflation and grocery prices are affecting the food choices of families making healthy food inaccessible;
And Whereas, poor nutrition ultimately affects one’s overall health putting a burden on
our healthcare system;
And Whereas, supplying families with nutritious eggs raised without hormones and antibiotics at a low cost;
And Whereas, chickens eat grass clippings and food scraps thereby reducing waste;
And Whereas, looking after hens makes staying at home enjoyable and helps educate
children about chicken farming;
Now therefore be it resolved, that the Council of The Corporation of the City of Pickering directs through the Office of the CAO to consult with stakeholders regarding the implementation of an Urban Farming pilot project for the enjoyment of Urban backyard egg production only and Urban Farming to include Vertical Farming, and
Urban Farming to include Vertical Farming, and that staff report back to Council no later than the end of Q2.
- 93 -
Attachment 2 to Report SUS 03-24
Legislative Services Division Clerk’s Office Directive Memorandum
June 30, 2023
To: Kyle Bentley
Director, City Development & CBO
From: Susan Cassel City Clerk
Subject: Direction as per Minutes of the Meeting of City Council held on
June 26, 2023
Director, City Development & CBO, Report SUS 05-23 Urban Farming
-Council Resolution #100/23
Council Decision Resolution #218/23
Please take any action deemed necessary.
Susan Cassel
Copy: Chief Administrative Officer
1.That Report SUS 05-23 regarding Urban Farming be received;
2.That staff be directed to report back to Council with an update on urban farmingactions as outlined in this report in the first quarter of 2024; and,
3.That the appropriate officials of the City of Pickering be authorized to take the
necessary actions as indicated in this report.
- 94 -
Report to
Executive Committee
Report Number: SUS 04-24 Date: March 4, 2024
From: Kyle Bentley
Director, City Development & CBO
Subject: Pickering Integrated Sustainable Design Standards Implementation and Green
Roof By-law Updates -Council Resolutions #914/22 and #982/22-File: D-7001
Recommendations:
1.That Report SUS 04-24 regarding Pickering Integrated Sustainable Design StandardsImplementation and Green Roof By-law Updates be received for information; and,
2.That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: On September 20, 2022, Council adopted the Integrated Sustainable Design Standards (ISDS) and Checklist, as set out in Report PLN 38-22 (see Attachment 1,
Resolution #982/22). The ISDS established a new set of standards that allows the City to review development through a lens that includes modern, green best practices, and technology.
The purpose of this report is to provide an update on the following:
1.overview of the first year of ISDS implementation (January 1, 2023 to present)2.actions completed, as outlined in Resolution #982/22 (PLN 38-22) which included:
a)City-initiated Official Plan Amendment to add new policies to the City’s Official Planb)zoning to support the ISDS performance measures outlined in the ISDS Checklistsc)identification of staff resources and cost recovery mechanisms necessary to implementand enforce the ISDS performance measuresd)monitor changes to the Ontario Building Code, industry standards, and changing market
conditions, including other legislation changese)review of non-financial incentives to support the implementation of the ISDS3.feasibility of a municipal green roof by-law as outlined in Resolution #914/22
This report also identifies next steps to continue implementation of the ISDS.
As outlined in this report, during the last twelve months, staff reviewed and commented on
planning applications in relation to the ISDS. Additionally, staff undertook the following actions:
•completed a City-initiated Official Plan Amendment (see Resolution #332/23, Attachment 2)
•conducted a best practice review of 'green' municipal zoning provisions that aligned with
ISDS
•established a cost recovery mechanism, to offset ISDS implementation
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SUS 04-24 March 4, 2024
Subject: Pickering ISDS Implementation and Green Roof By-law Updates Page 2
• participated in workshops with the development community, and received valuable insight
to help direct next steps regarding non-financial incentives
• prepared criteria for the Civic Award Panel to consider for a Green Builder award
• researched grant opportunities related to sustainable development through federal, provincial and utilities, and shared information on applicable programs with applicants
To help assess whether a green roof municipal by-law is appropriate, staff monitored new development applications for geographic location and building roof type over the last year. The majority of applications for high-rise residential buildings incorporated a green roof system, either on the podium or integrated into the top roof system. For non-residential buildings, the type of roof varied. Considering the existing positive uptake, as well as legislative changes to
the Ontario Building Code related to green roof construction, staff do not recommend establishing a Green Roof By-law at this time. Staff will continue to monitor building code implementation and new planning applications for green roof inclusion for an additional twelve months.
Relationship to the Pickering Strategic Plan: This report aligns with the Pickering Strategic Plan Priorities of: Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community; Lead & Advocate for Environmental Stewardship,
Innovation & Resiliency; and Strengthen Existing & Build New Partnerships.
Financial Implications: Not applicable to this report.
Discussion:
1. Background
Council adopted the Integrated Sustainable Design Standards (ISDS) in September 2022,
replacing the 2007 Sustainable Development Guidelines. The ISDS established a new set of standards, enabling the City to review development in the context of modern, green best practices, and technology (see Resolution #982/22, Attachment 1). The ISDS is organized under the following seven key principles that showcase environmental, social, and economic sustainability:
1. Education: Educating homeowners about using and maintaining sustainable building features and sustainable lifestyle practices. 2. Energy & Resilience: Designing and constructing resilient, energy-efficient buildings, and encouraging on-site renewable energy systems. 3. Neighbourhood: Creating accessible and safe places to live for all.
4. Land Use & Nature: Protecting, conserving, and enhancing the natural environment. 5. Transportation: Providing opportunities for sustainable modes of transportation. 6. Waste Management: Providing opportunities to recycle and divert materials to reduce waste.
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SUS 04-24 March 4, 2024
Subject: Pickering ISDS Implementation and Green Roof By-law Updates Page 3
7.Water: Using water efficiently and supporting sustainable stormwater managementpractices.
The ISDS is primarily designed to be implemented through the Draft Plan of Subdivision
and Site Plan approval process. The ISDS mandatory Tier 1 performance measures do not apply to renovations and expansions of existing buildings within a previously approved Site Plan and Draft Plan area. The next section will provide an overview of the first year of implementation.
2.Progress on ISDS Implementation (January 1, 2023 to present)
Since January 1, 2023, the City Development Department has applied the ISDSChecklists into the application review process for the following developments: Low-RiseResidential (less than four storeys with a minimum of five dwelling units) and Mid toHigh-Rise Residential & Non-Residential (four storeys and above, including industrial,
commercial, and institutional developments). A complete planning application requires
the submission of a Sustainability Report and a completed ISDS Checklist. Thesedocuments are pivotal in evaluating proposed projects. Through the SustainabilityReport, applicants provide an overview of the project’s sustainability measures, andhow the commitments will be achieved. The ISDS Checklist is used to demonstrate the
project's adherence to performance measures.
After Council adopted the ISDS, several changes were enacted in the Planning Act,including the More Homes for Everyone Act (Bill 109), enforcing refund requirements forsite plan applications if decisions take longer than 60 days. The More Homes, BuiltFaster Act (Bill 23) introduced modifications to Ontario's land use planning regime,
amending the Planning Act.
In response to these legislative changes, staff revised the ISDS review process.Alongside the report and checklist, applicants are requested to provide a Letter ofCommitment signed by a qualified professional and the owner/developer/builder,confirming the finalization of specific performance measures at the detailed design
stage.
Bill 23 changes to Section 41 of the Planning Act exempt residential developments withup to 10 units from Site Plan Control approval. Although the ISDS is primarily designedfor implementation through Site Plan Control, it does not apply to development subjectonly to Ontario Building Code applications.
In 2023, the sustainability team evaluated planning applications using the new ISDS
approach. There has been a positive response from the development community to thechecklist and report format. The ISDS has increased awareness of sustainable bestpractices, allowing staff to document the extent to which new developments incorporatevarious sustainable designs and technologies.
- 97 -
SUS 04-24 March 4, 2024
Subject: Pickering ISDS Implementation and Green Roof By-law Updates Page 4
2.1 Implementation in the Seaton Area
As set out in Report PLN 38-22, the 2011 Seaton Sustainable Place-Making Guidelines
continue to apply to development applications and approval processes that are currently
underway in the Seaton area. This includes previously approved Draft Plans, Site Plans, and applications within an established Neighbourhood Plan identified in the Seaton Zoning By-law. Notwithstanding the above, in 2023, many residential builders in Seaton actively surpassed the Seaton Sustainable Place-Making requirements and achieved
compliance with ISDS Tier 1 energy performance measures. Notably, two school
proposals recently submitted a hybrid sustainable development report, incorporating elements from the Seaton Sustainable Place-Making Guidelines and the ISDS.
3.Update on the Actions outlined in Resolution #982/22 (Report PLN 38-22)
To support the implementation of the ISDS, Council directed staff to:
•initiate an amendment to the Pickering Official Plan
•prepare suitable provisions for inclusion in the City’s Draft Comprehensive ZoningBy-law
•identify staff resources, and cost recovery mechanisms, to implement and enforcethe ISDS
•review the ISDS every four years
•explore non-financial incentive programs to support ISDS elements
The subsequent sections outline the status of these actions. Additionally, where applicable, staff detail next steps that can be undertaken.
3.1 That staff be directed to initiate an amendment to the Pickering Official Plan to
add new policies to the Pickering Official Plan that support the ISDS
Under the Planning Act, municipalities strategically use their Official Plan to guide land-use planning. The Pickering Official Plan (POP) promotes sustainability, emphasizing energy and water conservation, energy-efficient buildings, and renewable energy systems. Policies 16.5A and 16.5B in the POP help implement sustainable development, by requiring that development applications be supported by a sustainable
development report and/or a checklist.
To enhance the City's Official Plan policies, staff commenced a minor technical Amendment to the POP to acknowledge and reinforce the new Pickering ISDS, by removing references to the previous 2007 Sustainable Design Guidelines, and updating
the pre-submission consultation policies, complete application policies, and other
related policies.
In September 2023, Official Plan Amendment Application OPA 23-005/P was initiated by staff, including an electronic Open House and electronic Statutory Public Meeting in October 2023. Subsequently, in December 2023, Council received Report PLN 34-23
and formally adopted Official Plan Amendment 50 to the City of Pickering Official Plan
passing By-law 8054/23 (see Resolution #332/23, Attachment 2). All new developments are now reviewed against ISDS-related Official Plan policies to ensure alignment with the updated policies and goals in the plan. - 98 -
SUS 04-24 March 4, 2024
Subject: Pickering ISDS Implementation and Green Roof By-law Updates Page 5
3.2 That staff be directed to include appropriate zoning provisions in the Draft Comprehensive Zoning By-law to support the ISDS performance measures
In November 2022, WSP Consulting Inc. (WSP) was retained to undertake a best
practice zoning review for incorporating green development standards into the City's draft Consolidated Zoning By-law (CZBL). WSP aligned this work with the ISDS sustainability goals. To identify best practices, WSP examined green zoning standards in other municipal by-laws in the Greater Toronto Area.
Based on WSP’s review and recommendations, City staff will be applying the following
measures:
•incorporate ISDS-aligned terminology (e.g., green/vegetative roof, solar structures,and long and short-term bicycle parking definitions) into the draft By-law
•update zoning provisions to consider ISDS performance measures to reduce
instances that may result in a variance to the new By-law (for example, ensure that
the new By-law maximum height requirement does not impede the construction ofgreen roofs by allowing green roof parapets to exceed maximum building heights inall zones)
•exclude exterior and interior ISDS design performance measures from the new By-
law, and implement these measures through the site plan control section of the
Planning Act (for example, exterior light pollution and bird-friendly design to minimizebird-glass collisions)
WSP commented that Site Plan Control guidelines are preferred for municipal green standards as they offer flexibility and adaptability. They encourage compliance, foster
sustainable development and innovation, while accommodating local conditions. This
helps to enable effective implementation of green standards. Staff will continue collaborating with the City's CZBL Steering Committee and suggest sustainable zoning terminology to increase clarity where appropriate.
3.3 That City staff be directed to identify any additional staff resources, and cost
recovery mechanisms, necessary to implement and enforce the ISDS, for inclusion in the 2023 Budget
The 2023 City Development Budget included an additional staff complement, with energy management expertise, to review energy modeling reports and other related technical matters, and where appropriate, undertake site visits. The Coordinator,
Community Energy Management was onboarded in Q1 of 2024.
In 2023, staff also reviewed cost recovery mechanisms and established a process whereby a portion of the planning application fees are directed to the sustainability section to offset the cost of staff time allocated to development review. Staff will continue monitoring resource needs and explore cost recovery options for the ongoing
implementation of the ISDS, as necessary.
- 99 -
SUS 04-24 March 4, 2024
Subject: Pickering ISDS Implementation and Green Roof By-law Updates Page 6
3.4 That City staff be directed to review the ISDS every four years to reflect Ontario Building Code revisions, updated industry standards, climate science, and
changing market demands
The initial version of the ISDS Checklist became effective on January 1, 2023. To stay current, a scheduled review of the ISDS was planned for every four years. Tasks to complete the next update will occur in 2026. Pending Council approval, the results of that work (ISDS 2.0) will be implemented in 2027.
During the spring of 2023, staff participated in a stakeholder workshop focused on
transitioning some aspects of municipal green development standards into the Ontario Building Code, including building resiliency, and energy efficiency. Staff will maintain engagement with the ministry, tracking future changes through proposals to change legislation. As the Ontario Building Code changes are finalized, staff will assess
potential impacts on ISDS performance measures and make recommendations
accordingly.
3.5 That City staff be directed to report back to Council on a proposed non-financial incentive strategy to support the implementation of the Pickering Integrated Sustainable Design Standards by the end of 2023
Both financial and non-financial incentives can be influential tools to encourage positive
change within the building industry. Currently, there are no proposed municipal financial incentives within the ISDS framework to facilitate the implementation of Tier 2 performance measures. However, several financial programs are available through external agencies and utilities. In 2023, City staff researched grants and incentive
programs that were available to the development community. Information about these
opportunities is incorporated in comments to applicants. Staff will continue to monitor, investigate, and share relevant grant programs/funding opportunities with the development community.
Non-financial measures are important in promoting sustainable practices by offering
benefits and motivations beyond monetary rewards. Recognition through municipal
awards is a tool to recognize development community members for their achievements. Awards serve to motivate companies as they can enhance their reputation. In recent years, Council has awarded select development community members with the Sustainability Civic Award.
In 2023, the Region of Durham began actively developing the framework for a Green
Development Program. The program is aimed at promoting the adoption of higher levels of energy performance in new residential construction. Durham Region retained a consultant, and has been working with local area municipalities, utilities, and the builder industry in developing this program. Various elements are being explored, including
connecting builders with financial and non-financial incentives.
In July and October 2023, City staff participated in builder-focused workshops with regional staff and utility providers. Over 40 builders from across the region discussed the merits of the Region’s program, and highlighted the benefits of many non-financial
- 100 -
SUS 04-24 March 4, 2024
Subject: Pickering ISDS Implementation and Green Roof By-law Updates Page 7
incentives, including a streamlined review and approval processes. Recognition through awards was also seen as a motivator, and positive way to acknowledge exemplary
sustainable action. As such, staff prepared criteria for a Green Builder Award to be
reviewed and considered by the City of Pickering’s Civic Award Panel for inclusion as a future Civic Award category.
Likewise, offering education and awareness opportunities was noted as a favourable non-financial incentive. Pending budget approval, City staff are exploring a fall 2024
Sustainable Community-Building Workshop. Prior to COVID-19, City staff coordinated
similar workshops that there well received. These workshops are an opportunity to highlight innovative projects, incentive/grant programs, as well as for industry leaders to connect and learn from each other.
4.That Council authorize staff to investigate establishing a Green Roof By-law
(Resolution #914/22)
In February 2022, Council Resolution #914/22 directed staff to explore the feasibility ofa by-law authorizing green roofs, or alternative surfaces with similar performance. Inresponse to this resolution, staff prepared Report PLN 38-22 in September 2022. Thereport outlined existing POP policies supporting green or white roofs to address urban
heat island effects and enhance energy efficiency and stormwater management. The
report emphasized that earlier guidelines, like the 2007 Sustainable DevelopmentGuidelines, and 2011 Seaton Sustainable Place-Making Guidelines, laid the foundationfor encouraging green roofs in Pickering.
The report also noted that the new ISDS provides the development community flexibility
in choosing roof options for mid to high-rise residential projects. These options include
green roofs, cool roofs, solar-ready configurations, or a combination. The report alsorecommended that Pickering examine the legal, practical, and resource-related aspectsbefore considering a green roof by-law, and to assess the uptake of green roofs as aresult of ISDS implementation, in comparison to other sustainable performance
measures.
As of February 2024, the City of Toronto was the only municipality in Ontario with aGreen Roof By-law in place. While staff understand that municipalities can legally enactsuch a by-law, the City of Pickering, like many other municipalities have opted toencourage green roofs through their sustainable design guidelines or green standards.
Green development standards across Ontario prioritize flexibility in green roof
construction and sustainable building practices. Based on staff review, municipalitiesoften choose voluntary roof construction guidelines over binding by-laws. This approachoffers flexibility, allowing property owners and developers greater decision-making toadopt other eco-friendly practices, such as cool roofs and/or a combination of roof
designs.
In the past year, staff monitored new planning applications in the City, specificallyfocusing on proposed roof designs for various building types and observed thefollowing:
- 101 -
SUS 04-24 March 4, 2024
Subject: Pickering ISDS Implementation and Green Roof By-law Updates Page 8
•High rise residential buildings predominantly featured a roof design with a small
landscape strip, and an extensive vegetative roof system, including shallow growing
mediums or drought-tolerant plants. Additionally, intensive green roofs were chosenby applicants for recreational and open space amenities, and community gardenfeatures in raised planters, typically positioned mid-level on the building podium.
•Industrial, commercial, and institutional buildings applicants favoured cool roof
designs with a high Solar Reflective Index (SRI) value. These roofs reflect moresunlight, absorb less heat, and reduce surface temperatures, contributing to energyefficiency by minimizing heat transfer and cooling needs. Recent examples include aself-storage building, a lumber storage facility, and new school buildings. Constraintsin adopting green roofs were identified by applicants within the Seaton planning
area, particularly concerning industrial buildings designated for food manufacturing.In this example, the applicant did not propose a green roof building design due tofood and safety regulations for food manufacturing in Canada.
•There were no green roof proposals in low-rise developments, such as detached
dwellings and multi-residential (townhouse) buildings with less than four storeys.Based on discussions with architects, structural limitations in detached dwellingsmay prevent the support of a green roof, as the existing roof structure must handlethe added weight of soil, plants, and other components.
In late 2023, staff applied for a research grant, focused on a best practice review for
green roof design. Though the grant was not approved, noteworthy progress emerged in January 2024 with proposed amendments to the National Building Code, introducing a more substantial definition of "vegetative roof assembly" and construction standards for roofs. City staff are continuing to monitor developments in the Ontario Building Code
and green roof construction standards.
Based on available information, staff does not recommend establishing a Green Roof By-law at this time. Staff will continue monitoring applications for the next twelve months to assess green roof uptake in Pickering, and the impact of the Ontario Building Code changes. This period allows for longer-term assessment.
5.ISDS Next Steps
This report provided a detailed overview about implementation of the ISDS. Over thepast year, many actions have been accomplished to further support the success of theISDS. This involved addressing legislative changes, updates to the Ontario BuildingCode, technological advancements, site-specific constraints, and adapting to the
evolving fiscal landscape for the development community. Given the dynamic nature of
these changes, the focus remains on preserving the flexibility of the ISDS, whilemaintaining the City’s commitment for new development to meet the intent of theperformance measures. The report also aimed to share insights on the integration ofgreen roofs compared to other sustainable performance measures.
- 102 -
SUS 04-24 March 4, 2024
Subject: Pickering ISDS Implementation and Green Roof By-law Updates Page 9
Outlined in the report, City staff will carry out the following:
1. Examine the effectiveness of commitment letters and agreement conditions, explore
the potential for a third-party verification process, and examine benefits and
challenges encountered by other municipalities using a letter of credit to secure select performance measures. 2. Coordinate a sustainable community-building workshop (pending budget approval) to provide the development industry with a valuable knowledge-sharing opportunity.
3. Monitor new building roof design/construction, with a focus on green roofs (e.g.
geographic location, development and building types, and vegetative area). Engage stakeholders regarding sustainable roof options, and monitor the impact of code changes. 4. Review the City’s Site Plan Control By-law, and integrate ISDS requirements, where
feasible.
The ISDS have proven to advance sustainability and resiliency in new development within the City. To continue to expand on related elements, staff will initiate actions as indicated in this report.
Attachments
1. Resolution #982/22 (ISDS Project and Checklist adoption by Council) 2. Resolution #332/23 (ISDS Official Plan Amendment adoption by Council) 3. Resolution #914/22 (Green Roof By-law Motion by Council)
- 103 -
SUS 04-24 March 4, 2024
Subject: Pickering ISDS Implementation and Green Roof By-law Updates Page 10
Prepared By:
Original Signed By
Lalita Paray, MCIP, RPP
Senior Planner, Sustainability
Original Signed By
Chantal Whitaker, BESc (Hons), CSP-P Manager, Sustainability & Strategic Environmental Initiatives
Approved/Endorsed By:
Original Signed By
Catherine Rose, MCIP, RPP
Chief Planner
Original Signed By
Kyle Bentley, P. Eng. Director, City Development & CBO
LP:ld
Recommended for the consideration of Pickering City Council
Original Signed By
Marisa Carpino, M.A.
Chief Administrative Officer
- 104 -
Legislative Services Division
Clerk’s Office Directive Memorandum
September 28, 2022
To: Kyle Bentley
Director, City Development & CBO
From: Susan Cassel City Clerk
Subject: Direction as per Minutes of the Meeting of City Council held on
September 20, 2022
Director, City Development & CBO, Report PLN 38-22 Pickering Integrated Sustainable Design Standards
City of Pickering
Council Decision Resolution #982/22
1.That Council adopt the Pickering Integrated Sustainable Design Standards: Low-Rise
Residential Checklist, dated August 2022, for Site Plan and Plan of SubdivisionApplications for development of less than four storeys and a minimum of five dwellingunits, as set out in Appendix I to Report PLN 38-22, save and except that Number T1,Electric Vehicles including plug-in hybrid vehicles, Tier 1 Mandatory provision beamended to read as follows:
“Require 40% EV Rough-in & 10% EV Ready charging infrastructure or equivalent electric vehicle energy management systems (load sharing/circuit sharing) capable of providing Level 2 or higher charging for the resident parking spaces;
or
Require EV Ready charging infrastructure capable of providing Level 2 charging or higher for 50% of the resident parking spaces.”
2.That Council adopt the Pickering Integrated Sustainable Design Standards: Mid to HighRise Residential & Non-Residential Checklist, dated August 2022, for Site Plan and Plan
of Subdivision Applications for development of residential buildings of four storeys andhigher, and all Industrial, Commercial and Institutional buildings, as set out in AppendixII to Report PLN 38-22, save and except that Number LN7, Common Outdoor AmenitySpace, Tier 1 Mandatory provision be amended to read as follows:
“For residential buildings with 20 or more dwelling units, provide 4.0 square metres of common outdoor amenity space per dwelling unit (a minimum contiguous area of 40.0 square metres must be provided in a common location). Where lot areas are constrained in some cases, flexibility on providing the
common outdoor amenity space requirement may be provided at the discretion of
the Director, City Development.”
Attachment 1 to Report SUS 04-24
- 105 -
Please take any action deemed necessary.
Susan Cassel
Copy: Chief Administrative Officer
And, that Number T1, Electric Vehicles including plug-in hybrid vehicles, Tier 1 Mandatory provision be amended to read as follows:
“For multi residential buildings, require 40% EV Rough-in & 10% EV Ready
charging infrastructure or equivalent electric vehicle energy management systems (load sharing/circuit sharing) capable of providing Level 2 or higher charging for the resident parking spaces;
or
Require EV Ready charging infrastructure capable of providing Level 2 charging
or higher for 50% of the resident parking spaces.”
3.That Council require all Site Plan and Plan of Subdivision Applications, for the type andscale of development referenced in Recommendations 1 and 2 above, that are deemedcomplete on or after January 1, 2023, to meet Tier 1 – Mandatory Performance Criteria
as outlined in the Pickering Integrated Sustainable Design Standards Checklists;
4.That Council direct staff to:
a.initiate an amendment to the Pickering Official Plan to add new policies that support
the Pickering Integrated Sustainable Design Standards;
b.add provisions to the City’s Draft Comprehensive Zoning By-law that support thePickering Integrated Sustainable Design Standards;
c.identify any additional staff resources, and cost recovery mechanisms, necessary to
implement and enforce the ISDS, for inclusion within the proposed 2023 budget;
d.review the Pickering Integrated Sustainable Design Standards every four years toreflect Ontario Building Code revisions, updated industry standards and climate
science, and changing market demands; and,
e.report back to Council on a proposed non-financial incentive strategy that supportsthe Pickering Integrated Sustainable Design Standards by the end of 2023;
5.That Report PLN 38-22 of the Director, City Development & CBO, which responds to
Council Resolution #914/22 regarding a green roof by-law, be received for information;and,
6.That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
- 106 -
Attachment 2 to Report SUS 04-24
Legislative Services Division Clerk’s Office Directive Memorandum
December 4, 2023
To: Kyle Bentley
Director, City Development & CBO
From: Susan Cassel City Clerk
Subject: Direction as per Minutes of the Meeting of City Council held on
November 27, 2023
Director, City Development & CBO, Report PLN 34-23 City Initiated Official Plan Amendment 50
Changes to policies to recognize and reinforce the new Pickering Integrated
Sustainable Design Standards File: OPA 23-005/P
Council Decision Resolution #332/23
Please take any action deemed necessary.
Susan Cassel
Copy: Chief Administrative Officer
1.That Official Plan Amendment Application OPA 23-005/P, initiated by the City ofPickering, to amend existing policies related to the review of Planning Actapplications to recognize and reinforce the new Pickering IntegratedSustainable Design Standards, as set out in Exhibit ‘A’ to Appendix I to Report
PLN 34-23 be approved; and,
2.That the Draft By-law to adopt Amendment 50 to the Pickering Official Plan, toamend existing policies to recognize and reinforce the new Pickering IntegratedSustainable Design Standards, as set out in Appendix I to Report PLN 34-23,
be enacted.
- 107 -
Attachment 3 to Report SUS 04-24 Legislative Services Division Clerk’s Office Directive Memorandum
May 27, 2022
To: Kyle Bentley Director, City Development & CBO
From: Susan Cassel City Clerk
Subject: Direction as per Minutes of the Meeting of City Council held on
May 24, 2022
Feasibility of a Green Roof By-law
Council Decision Resolution #914/22
WHEREAS in recognition of the growing impacts of climate change, the City of
Pickering declared a climate emergency on December 16, 2019;
And Whereas, climate change impacts occur in both the natural environment and
the built environment;
And Whereas, climate change impacts can adversely affect the resilience of
municipal infrastructure such as roads, sewers and watermains, leading to higher
maintenance and/or replacement costs which must be borne by taxpayers;
And Whereas, the challenges posed by climate change on municipal
infrastructure requires alternative methods to try and minimize impacts;
And Whereas, green roof technology is a proven, well-established technology
that has been implemented by many municipalities as part of a climate change
strategy;
And Whereas, green roof technology provides environmental benefits such as
reduced flood flows, improved water quality, creation of habitat and reduced ‘heat
island effect’, among others;
And Whereas, green roof technology provides economic benefits such as
reduced energy consumption and energy costs for heating and cooling;
And Whereas, the green roof industry is firmly established in the Greater Toronto
Area, with readily accessible materials and expertise;
And Whereas, a Green Roof By-law has been successfully implemented by the
City of Toronto since 2009, and this By-law has been accepted and adopted by
the development industry; - 108 -
Now therefore be it resolved that the Council of The Corporation of the City of
Pickering directs:
That staff are to investigate the feasibility of establishing a by-law requiring the
construction of green roofs, or of alternative roof surfaces that achieve similar
levels of performance to green roofs, within the City of Pickering, and report back
to Council no later than September 6, 2022.
Please take any action deemed necessary.
Susan Cassel
Copy: Chief Administrative Officer
- 109 -