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HomeMy WebLinkAboutOctober 26, 2020 Council Meeting Agenda October 26, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Due to COVID-19 and the Premier’s Emergency Orders to limit gatherings and maintain physical distancing, the City of Pickering continues to hold electronic Council and Committee Meetings. 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. Roll Call 2. Invocation Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. 3. Indigenous Land Acknowledgment Statement Mayor Ryan will read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest 5. Adoption of Minutes Council Minutes, September 28, 2020 1 Executive Committee Minutes, October 5, 2020 23 Planning & Development Committee Minutes, October 5, 2020 26 Special Council Minutes, October 20, 2020 (Confidential Special Council Minutes, October 20, 2020, provided under separate cover) 32 6. Presentations 7. Delegations Due to COVID-19 and the Premier’s Emergency Orders to limit gatherings and maintain physical distancing, members of the public may provide a verbal delegation to Members of Council via electronic participation. To register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. Delegation requests must be received by noon on the last business day before the scheduled meeting. All delegations for items not listed on the agenda shall register ten (10) days prior to the meeting date. Council Meeting Agenda October 26, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca The list of delegates who have registered to speak will be called upon one by one by the Chair and invited to join the meeting via audio connection. A maximum of 10 minutes shall be allotted for each delegation. Please ensure you provide the phone number that you wish to be contacted on. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 7.1 Chief Kelly LaRocca, Mississaugas of Scugog Island First Nation John Currie, Honouring Indigenous Peoples (HIP) Re: First Reading of the Indigenous Land Acknowledgment Statement 7.2 Mathieu Goetzke, Vice President of Planning, Metrolinx Kristin Demasi, Senior Advisor, Metrolinx David Hopper, Consultant Project Manager, Parsons Re: Update - Durham-Scarborough Bus Rapid Transit (BRT) Preliminary Design 7.3 Carla Carmichael, Ontario Power Generation Re: Launch of the Centre for Canadian Nuclear Sustainability (CCNS) 7.4 Susan deRyk, Interim President and CEO Christine Nuernberger, Interim Executive Vice President, Patient Services Dr. George Buldo, Vice President, Medical and Academic Affairs Lakeridge Health Re: Lakeridge Health Update 8. Correspondence 8.1 Corr. 50-20 35 Sarah Moore, Acting Manager of Legislative Services/Deputy Clerk Town of Ajax Re: Support of Ambulatory Services at Ajax Pickering Hospital Recommendation: That Correspondence 50-20, from Sarah Moore, Acting Manager of Legislative Services/Deputy Clerk, Town of Ajax, dated October 7, 2020, regarding the Support of Ambulatory Services at Ajax Pickering Hospital, be endorsed. Council Meeting Agenda October 26, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 9. Report EC 2020-07 of the Executive Committee held on October 5, 2020 Refer to Executive Committee Agenda pages: 9.1 Director, Corporate Services & City Solicitor, Report CLK 03-20 1 2021 Committee and Council Meeting Schedule Recommendation: 1. That the 2021 Committee and Council Meeting Schedule appended as Attachment #1 to Report CLK 03-20 be approved; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 9.2 Director, Engineering Services, Report ENG 10-20 4 Amendment to Traffic and Parking By-law 6604/05 - Braeburn Crescent, Annland Street, Paddock Road Recommendation: 1. That the attached draft by-law be enacted to amend Schedule “2”, No Parking, and Schedule “9”, Speed Limits, to By-law 6604/05 to provide for the regulation of parking and speed on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering. The amendment specifically provides for the inclusion of parking restrictions on curves on Braeburn Crescent and on Annland Street, and to reduce the speed limit on Paddock Road from 50 km/h to 40 km/h; and, 2. That the appropriate off icials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10. Report PD 2020-07 of the Planning & Development Committee held on October 5, 2020 Refer to Planning & Development Agenda pages: 10.1 Director, City Development & CBO, Report PLN 19-20 18 City Initiated Official Plan Amendment Application: Drinking Water Source Protection Council Meeting Agenda October 26, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca - Conformity to the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan - Recommended Amendment 36 to the Pickering Official Plan - Recommended Informational Revision 24 to the Pickering Official Plan - File: OPA 19-002/P Recommendation: 1. That Official Plan Amendment Application OPA 19 -002/P, initiated by the City of Pickering, to amend existing policies and a schedule and introduce new policies and a schedule to the Pickering Official Plan with regard to the protection of drinking water sources, as set out in Exhibit ‘A’ to Appendix I to Report PLN 19 -20 be approved; 2. That the Draft By-law to adopt Amendment 36 to the Pickering Official Plan, to amend existing policies and a schedule, and introduce new policies and a schedule to the Pickering Official Plan with regard to the protection of drinking water sources, as set out in Appendix I to Report PLN 19-20, be forwarded to Council for enactment, including the changes outlined in the revised pages attached to the Memorandum from the Director, City Development & CBO, dated October 5, 2020; 3. That Council adopt Recommended Informational Revision 24 to the Pickering Official Plan as set out in Appendix II to Report PLN 19- 20; and, 4. That the City Clerk forward the Notice of Adoption to the Region of Durham and to each person or public body that provided written or verbal comments at the Open House, the Public Meeting, the Planning & Development Committee or the City Council meetings. 10.2 Director, City Development & CBO, Report PLN 20-20 56 Proposed Telecommunication Tower Installation Enbridge Gas Distribution Inc. Installation #69 Part of Lot 17, Concession 4 (west side of Sideline 16, north of Taunton Road) Recommendation: Council Meeting Agenda October 26, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca That Enbridge Gas Distribution Inc. be advised that City Council does not object to the 29.0 metre high radio telecommunication tower installation proposed to be located on the west side of Sideline 16, north of Taunton Road, based on the design and other details submitted with this request. 10.3 Director, City Development & CBO, Report PLN 21-20 73 Proposed Telecommunication Tower Installation Enbridge Gas Distribution Inc. Installation #70 Part Lot 18, Concession 8, Now Part 3, 40R-13684 (4905 Brock Road) Recommendation: That Enbridge Gas Distribution Inc. be advised that City Council does not object to the 27.4 metre high radio telecommunication tower installation proposed to be located at 4905 Brock Road, based on the design and other details submitted with this request. 11. Reports – New and Unfinished Business 11.1 Interim Chief Administrative Officer, Report CAO 06-20 38 Minister’s Zoning Order Request for Durham Live Lands - Minister’s Zoning Order Development Agreement Recommendation: 1. That Council approve the Minister’s Zoning Order Development Agreement, substantially in the form set out in Attachment No. 1 to this report, subject to minor revisions acceptable to the Interim Chief Administrative Officer and the Director, Corporate Services & City Solicitor; 2. That the Mayor and City Clerk be authorized to execute the said agreement on behalf of the City and forward a copy to the Ministry of Municipal Affairs and Housing; and, 3. That the appropriate City of Pickering officials be authorized to take the actions necessary to give effect to this report. Council Meeting Agenda October 26, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 11.2 Fire Chief, Report FIR 02-20 64 Durham Farm 911 Project - The Emily Project Recommendation: 1. That Council adopt the funding agreement set out by the Region of Durham to supply the City of Pickering with $31,800 to purchase rural address markers for secondary access points to rural properties; 2. That City of Pickering staff provide for the installation and GIS location for each sign requested; 3. That the Mayor and City Clerk be authorized to execute the Durham Farm 911 Funding Agreement as set out in Attachment #2 to Report FIR 02-20; subject to minor revisions as may be required by the Fire Chief and the Director, Corporate Services & City Solicitor; and, 4. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 12. Motions and Notice of Motions 12.1 Mechanical Harvesting of Eurasian Water-Milfoil Weeds in Frenchman’s Bay Moved By Councillor Brenner Seconded By Councillor Ashe W hereas, Frenchman’s Bay is a unique inland body of water that is the jewel of Pickering; And Whereas, Frenchman’s Bay is an essential component of the Nautical Village and provides opportunities for recreational watercraft/sports; And Whereas, environmental conditions associated with global warming has resulted in conditions that pose a serious risk to Frenchman’s Bay through the excessive growth of an invasive aquatic plant known as Eurasian water-milfoil; Council Meeting Agenda October 26, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca And Whereas, the water-milfoil weed not only poses a hazard, impacting boaters if left unchecked, they will choke the water, thus killing the Bay over a short period of time; And Whereas, a group of stakeholders who use the Bay have reached out to the City through a sub-committee and are prepared to cost share for a minimum of 50% of the capital cost of a mechanical harvester to remove the water-milfoil weeds on a continuous basis, including entering into an Operating Agreement for its operation; Now Therefore be it resolved that: 1. Staff be directed, through the Interim CAO, to review the regulatory requirements of TRCA, MNRF and DFO for permissions, approvals and permits to remove water-milfoil weeds from Frenchman's Bay; 2. Staff research the various types of equipment available for the mechanical harvesting of water-milfoil weeds in Frenchman's Bay to determine appropriate project costs; 3. Staff review senior level government grants and consult with potential partners to investigate and identify funding opportunities and/or partners; and, 4. Staff report back to Council in January, 2021 on the status of their findings with a potential work plan for a water-milfoil weed removal program for consideration in the 2021 budget. 13. By-laws 13.1 By-law 7786/20 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. [Refer to page 11 of the Executive Committee Agenda] 13.2 By-law 7787/20 79 Council Meeting Agenda October 26, 2020 Electronic Meeting 7:00 pm For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Being a by-law to adopt Amendment 36 to the Official Plan for the City of Pickering. (OPA19-002/P) 13.3 By-law 7788/20 93 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6549/05 and By-law 7176/11, to implement the Official Plan of the City of Pickering, Region of Durham, in Part Lot 17, Concession 1, Now Part of Lots 1, 2 and 3, Plan 40R-11413 in the City of Pickering. (A 03/18) 13.4 By-law 7789/20 103 Being a by-law to establish the travelled road east of Whites Road and south of Durham Regional Road #4, being Part of Lots 27 and 28, Concession 3, as public highway. (Old Whites Trail) 14. Other Business 15. Confirmation By-law 16. Adjournment Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean D. Pickles Also Present: M. Carpino -Interim Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor B. Duffield -(Acting) Director, Community Services J. Eddy -Director, Human Resources J. Flowers -CEO & Director of Libraries, Pickering Public Library J.Hagg -Fire Chief R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk C. Rose -Chief Planner K. Thompson -Manager, Municipal Law Enforcement Services T. Ryce -Supervisor, Cultural Services R. Perera -(Acting) Committee Coordinator 1.Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2.Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. 3.Disclosure of Interest No disclosures of interest were noted. 4.Adoption of Minutes - 1 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm Resolution # 415/20 Moved by Councillor Brenner Seconded by Councillor Pickles In Camera Council Minutes, August 24, 2020 Council Minutes, August 24, 2020 Special Council Minutes, Education & Training, August 31, 2020 Executive Committee Minutes, September 14, 2020 Planning & Development Committee Minutes, September 14, 2020 Carried 5. Presentations There were no presentations. 6. Delegations 6.1 Christopher Norris, (Acting) Deputy General Manager, Operations Durham Region Transit (DRT) Re: Service Re-design and Transit System Enhancements Christopher Norris, Durham Region Transit (DRT), joined the electronic meeting via audio connection, to provide an overview of the DRT Service Re-design and Transit System Enhancements. Mr. Norris referred to a PDF presentation document that was circulated to Members of Council prior to the meeting. Highlights of the presentation included:  current ridership levels compared to 2019 that have been impacted by COVID-19;  expectation that the current travel patterns would continue into the foreseeable future, noting it may take up to 12 months for these markets to fully recover;  the Ridership Recovery Strategy Service Plan which provides a multi- phased approach that launches services strate gically to align with customer demand;  phase A of the Service Plan being built on services to match demand ensuring access to transit for all residents, 15 minutes or better service for busy corridors, and on-demand service for where demand is low;  monitoring demand throughout the transit network; - 2 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm  using the on-demand service delivery model to maintain and expand access to transit services while managing fiscal challenges brought on by COVID-19, noting the on-demand service operates as an extension of existing bus routes;  ability for riders to book travel through the new smart phone applications or through DRT’s toll-free number 1.866.247.0055;  ridership levels specific to the City of Pickering which are currently sitting at 28 per cent of 2019 levels;  the use of e-ticketing to provide 2 hour transfers, monthly passes, and single fares that can be easily validated by an operator; and,  the various methods of communication used to raise awareness of the DRT’s new services. A brief question and answer period ensued between Christopher Norris and Members of Council regarding whether information on the new services had been advertised in busses and bus stations, and whether the public can contact DRT to find the best option for their individual needs. 6.2 Aghlab Al-Joundi Re: Report PLN 14-20 Proposed Telecommunication Tower Shared Network Canada Part of Lot 14, Concession 9, Now Parts 2 to 4, Plan 40R-20211 (2170 Ninth Concession Road) Installation #66 Aghlab Al-Joundi, 5025 Sideline 14, joined the electronic meeting via audio connection in opposition to the proposed Telecommunication Tower by Shared Network Canada. Mr. Al-Joundi referred to a letter he had sent to the City, dated September 25, 2020, noting concerns regarding the discrepancy in the kilometer radius coverage reported by Shared Network Canada in the initial proposal and then again at the September 14, 2020 Planning & Development Committee meeting. He stated that while Shared Network Canada reported that the tower would be located 200 metres from his home, a search of the distance between his home and the proposed tower on Google Maps demonstrated that the proposed tower was initially to be located 100 metres from his home. Mr. Al-Joundi noted that once he had brought this to Shared Network Canada’s attention, they simply moved the tower another 100 metres to reflect the initial proposal and did not provide an explanation. Mr. Al-Joundi requested that the City obtain an independent, third-party to conduct an evidence based analysis as he does not trust the findings of Shared Network Canada. He raised further questions regarding the possible outcome when 2.5 km of coverage ceases to be effective, noting that there is an alternate service provider, who is looking to build a shorter camouflaged tower centrally in Claremont. Mr. Al-Joundi noted that while Shared - 3 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm Network Canada claims that they cannot place the tower elsewhere due to surrounding lands being federally owned, there are two other towers located in the area, and he urged the City to obtain a visual impact assessment from a third- party rather than relying on the sketches provided by Shared Network Canada . He stated that he had submitted a petition containing 14 signatures against the proposed tower, and insisted that Shared Network Canada demonstrate the number of people in favour of the proposed tower, noting that the only parties to benefit from the proposed tower are Shared Network Canada and the Claremont Union Cemetery. Mr. Al-Joundi further noted that experts in the area have advised him that typically the range for a tower is 1.5 km to 2 km, however, when density increases the range drops. Mr. Al-Joundi concluded his delegation by insisting that it is paramount when selecting a proposal to have a range of proposals for comparison. 6.3 David Donnelly, Donnelly Law Re: Report PLN 14-20 Proposed Telecommunication Tower Shared Network Canada Part of Lot 14, Concession 9, Now Parts 2 to 4, Plan 40R-20211 (2170 Ninth Concession Road) Installation #66 David Donnelly, Donnelly Law, joined the electronic meeting via audio connection to request that Council refer Report PLN 14-20 back to Staff for consideration and to provide answers to the three pieces of correspondence submitted to the City by his clients, Indira Jaikaran and John Mitchell. He expressed concern regarding the lack of response to his clients by the City, noting that he is aware that Staff had engaged with representatives from Shared Network Canada on numerous occasions, stating this was giving preferential treatment to Shared Network Canada. Mr. Donnelly noted that there were three reasons for the request for referral. The first reason was to enable Staff to respond to the concerns of residents, 14 of whom who have signed and submitted a petition against the proposed tower. Second, was due to the misinformation provided by Shared Network Canada with respect to coverage and misuse of the City’s Cell Tower Protocol. Mr. Donnelly noted that his clients retained Alan Ramsay, an experienced land use planner, to study the proposed tower’s coverage for Claremont, stating that the new claim of 2.5 km coverage would still leave 40% of Claremont without coverage, resulting in the need for a second cell tower. Mr. Donnelly claimed that the City was in violation of the City’s Cell Tower Protocol as the proposed tower would be adjacent to 4 residential units and approximately 40 metres from a future dwelling, and on a 1901 historic cemetery which is considered an institutional use, and that section 6.2 of the Protocol requires a maximum separation of institution tower uses. He noted that a visual impact assessment had not been submitted, and that a motion to refer the Report back to Staff would provide the ability for his clients to submit comments on the - 4 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm assessment. Mr. Donnelly noted that the proposed tower does not adhere to Sustainable Placemaking policies in that the expertise of the community and collaboration should be encouraged at all levels, and that the policies speak to the need to ask questions such as whether the new infrastructure is beautiful, comfortable, welcoming, accessible, and whether people want to use the space. He further stated that there is a need for geotechnical and site alteration information to be submitted, as required by By-law 6060/02, as the construction of the access road, and the installation of the equipment building fall within the definition of ‘development’, stating that it is his legal opinion that it is at the discretion of Council whether the proposed tower will be subject to the development by-law. Mr. Donnelly concluded his delegation by requesting that Council refer Report PLN 14-20 back to Staff. 6.4 John Currie Honouring Indigenous Peoples (HIP) Re: Report CS 30-20 Update on Indigenous Land Acknowledgement and Relationship Building - Cultural Advisory Committee John Currie, Honouring Indigenous Peoples (HIP), joined the electronic meeting via audio connection to acknowledge the work the Cultural Advisory Committee had done in developing a truth and reconciliation plan of action and commended the City of Pickering for the initiative undertaken in engaging the Mississaugas of Scugog Island First Nations. He noted that a land acknowledgement statement had been established through a partnership with the Mississaugas of Scugog Island First Nations and other First Nation peoples, and Wednesday, September 30, 2020 will mark the first day that the Mississaugas of Scugog Island flag would be raised by the City for Orange Shirt Day. Mr. Currie concluded his delegation by thanking the City and noting that today marks an important day towards reconciliation. Members of Council thanked Mr. Currie for his work and noted that Council looks forward to building stronger relationships with all of Pickering’s Indigenous peoples. 7. Correspondence 7.1 Corr. 40-20 Jillian Lum, Acting Regional Director General Ontario Region Re: COVID-19 Emergency Support Fund – Pickering Museum Village A brief question and answer period ensued regarding the distribution of the $100,000 received through the COVID-19 Emergency Fund, with Brian Duffield, - 5 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm (Acting) Director, Community Services, advising Members of Council that the money will be allocated towards operational costs. Resolution # 416/20 Moved by Councillor McLean Seconded by Councillor Cumming That Corr. 40-20, dated August 5, 2020, from Jillian Lum, Ontario Region, regarding the COVID-19 Emergency Support Fund, be received for information. Carried 7.2 Corr. 41-20 Jennifer O'Connell Member of Parliament, Pickering-Uxbridge Re: Infrastructure Funding in Pickering-Uxbridge under the Investing in Canada Infrastructure Program (ICIP) A question and answer period ensued between Members of Council and Marisa Carpino, Interim Chief Administrative Officer, regarding:  the three different projects the City applied for funding under the Investing in Canada Infrastructure Program (ICIP);  the reasoning behind why the projects were not selected;  whether there is a list of projects that were selected through the ICIP;  the role of the Provincial and the Federal Government in the selection process;  whether there is a possibility for the ICIP to re-evaluate projects through direction from Council; and,  the amount of funding available through the ICIP versus the vast amounts submitted in applications from municipalities. Resolution # 417/20 Moved by Councillor McLean Seconded by Councillor Brenner That Corr. 41-20, dated August 20, 2020, from Jennifer O'Connell, Member of Parliament, regarding Infrastructure Funding in Pickering-Uxbridge under the Investing in Canada Infrastructure Program (ICIP), be received for information. Carried - 6 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm 7.3 Corr. 42-20 Elexicon Energy Re: Business Operations Update during COVID-19 A question and answer period ensued regarding:  the Veridian community benefit funding that was allocated to the Ajax- Pickering Hospital due to the Pandemic, and what funding would be available under this program in 2021;  the City’s expected dividends from Elexicon Energy and what had been received thus far in 2020;  whether the City allocated the dividends as revenue in the City’s Budget and how the budget would be impacted if the City does not receive the remaining 75% of the dividends; and,  the timeline as to when Staff would be reporting to Council on the financial implications. A brief discussion ensued between Members of Council regarding whether there had been service disconnections to individuals or businesses during the Pandemic with Councillor Cumming noting that he would look into this and provide the information to Council. Resolution # 418/20 Moved by Councillor Cumming Seconded by Councillor McLean That Corr. 42-20, dated August 21, 2020, from Elexicon Energy, regarding their Business Operations Update during COVID-19, be received for information. Carried 7.4 Corr. 43-20 Township of North Glengarry Re: Long Term Care Homes Resolution # 419/20 Moved by Councillor Pickles Seconded by Councillor Brenner That Corr. 43-20, dated September 14, 2020, from Township of North Glengarry, regarding Long Term Care Homes, be endorsed. - 7 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm Carried 7.5 Corr. 44-20 Tanya Ryce, Supervisor, Cultural Services City of Pickering Cultural Advisory Committee - Revised 2020 Work Plan Resolution # 420/20 Moved by Councillor Butt Seconded by Councillor McLean That Corr. 44-20, dated September 17 2020, from Tanya Ryce, Supervisor, Cultural Services, regarding the Cultural Advisory Committee – Revised 2020 Work Plan, be received for information. Carried 7.6 Corr. 45-20 Shaun Collier, Mayor Town of Ajax Re: Use of Lottery Proceeds for Legions – Financial Hardships due to COVID-19 Resolution # 421/20 Moved by Councillor McLean Seconded by Councillor Cumming 1. That Corr. 45-20, dated September 2, 2020, from Shaun Collier, Mayor, Town of Ajax, regarding Use of Lottery Proceeds for Legions – Financial Hardships due to COVID-19, be endorsed; and, 2. That a copy of this Resolution be forwarded to the Hon. Doug Downey, Ministry of the Attorney General, Durham MPP’s, and Durham Regional Municipalities. Carried 7.7 Corr. 46-20 Brian Duffield, (Acting) Director, Community Services City of Pickering Re: Request to Deaccession Artifacts from Core to Education Collection at Pickering Museum Village - 8 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm - July 2020 Deaccession List A brief question and answer period ensued regarding whether any artifacts would be displayed in the new Seniors Centre and Arts Centre, with Brian Duffield, (Acting) Director, Community Services, advising Members of Council that deaccession will move artifacts from the core collection into the education collection, keeping the items on site. Mr. Duffield stated that he would follow up with Staff regarding the artifact displays. Resolution # 422/20 Moved by Councillor Butt Seconded by Councillor Brenner That Corr. 46-20, dated September 21, 2020, from Brian Duffield, (Acting) Director, Community Services, requesting approval for the deaccession of artifacts as proposed by City staff and endorsed by the Cultural Advisory Committee on July 2, 2020, be approved. Carried 7.8 Corr. 47-20 Jennifer O'Connell Member of Parliament, Pickering-Uxbridge Re: Canada Healthy Communities Initiative and Environmental Damages Fund A question and answer period ensued between Members of the Council and Marisa Carpino, Interim Chief Administrative Officer, regarding:  the limited information available for the criteria of these grant programs;  which of the City’s projects would benefit from the Canada Healthy Communities Initiative and Environmental Damages Fund , noting that the City’s Safe and Healthy Communities Initiative would be a good candidate; whether Staff could look into the accessibility concerns of the Pickering Rouge Canoe Club to see whether this might fit the grant program criteria; and,  updating Council throughout the application process as more information becomes available. Resolution # 423/20 Moved by Councillor McLean Seconded by Councillor Brenner - 9 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm 1. That Corr. 47-20, dated September 10, 2020, from MP Jennifer O’Connell, regarding the Canada Healthy Communities Initiative and Environmental Damages Fund, be received; and, 2. That the appropriate staff, through the Interim CAO, be directed to pursue available grant opportunities. Carried 7.9 Corr. 48-20 Kimberly Thompson, Manager, Municipal Law Enforcement Services City of Pickering Re: Direction Regarding Pickering Markets License Fee for Remainder of 2020 - Council Resolution #315/20 Resolution # 424/20 Moved by Councillor Pickles Seconded by Councillor Ashe That the reduction in Market Licence fees, for the Pickering Markets, continue to be reduced from $1,000.00 per day to $100.00 per day until December 31, 2020. Carried 7.10 Corr. 49-20 Paul Dubé, Ontario Ombudsman Re: City of Pickering Closed Meeting Complaint Resolution # 425/20 Moved by Councillor Brenner Seconded by Councillor Pickles That Corr. 49-20, dated September 23, 2020, from Paul Dubé, Ontario Ombudsman, regarding the City of Pickering Closed Meeting Complaint, be received for information. Carried 8. Report EC 2020-06 of the Executive Committee held on September 14, 2020 8.1 (Acting) Director, Community Services, Report CS 28-20 Community Safety and Well-Being Plan - 10 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm - Update Council Decision: 1. That Council receive and support in principle Report CS 28-20 regarding the City of Pickering’s Community Safety and Well-Being Plan; and, 2. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. 8.2 (Acting) Director, Community Services, Report CS 29-20 Quotation No. Q2020-24 - Quotation for the Supply and Delivery of 4 Ton and 5 Ton Dump Trucks with Plow, Wing Council Decision: 1. That Quotation No. Q2020-24 submitted by James Palmer Premier Truck Group, in the amount of $1,257,714.86 (HST included) be accepted; 2. That the total gross quotation cost of $1,329,972.00 (HST included) and the total net project cost of $1,197,681.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the project as follows: a) the approved funds in the amount of $860,000.00 funded from Vehicle Replacement Reserve and $300,000.00 from Development Charges as provided for in the 2020 Roads Equipment Capital Budget and the amount of $50,000.00 funded from Rate Stabilization in the 2020 Property Capital Budget for a total of $1,210,000.00, and that; b) the Treasurer be authorized to make any changes, adjustments, and revisions to amounts, terms, conditions, or take any actions necessary in order to effect the foregoing. 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 8.3 Director, Engineering Services, Report ENG 09-20 Boundary Road Agreement - Township of Uxbridge - 11 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm Council Decision: 1. That the City of Pickering enter into a new Boundary Road Agreement with the Township of Uxbridge for the period July 1, 2020 to June 30, 2030; 2. That the Mayor and City Clerk are hereby authorized to execute the Boundary Road Agreement between the City of Pickering and the Township of Uxbridge in substantially the same form as attached to this report, and satisfactory to the City Solicitor; 3. That a by-law authorizing the execution of a Boundary Road Agreement between The Corporation of the City of Pickering and The Corporat ion of the Township of Uxbridge as attached to this report be enacted; 4. That a copy of Report ENG 09-20 and relevant Council resolution be forwarded to the Township of Uxbridge; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 8.4 Director, Finance & Treasurer, Report FIN 12-20 Estimated Heritage Property Tax Grant Financial Impact Council Decision: 1. That Report FIN 12-20 from the Director, Finance & Treasurer regarding the impact of a potential Heritage Property Tax Grant be received for information; and, 2. That Staff be directed to report back to Council, in December 2020, with a Heritage Property Tax Rebate Program, based on the Notice of Motion presented at the July 27, 2020 Council meeting. Resolution # 426/20 Moved by Councillor Brenner Seconded by Councillor Butt That Report EC 2020-06 of the Executive Committee Meeting held on September 14, 2020 be adopted. Carried - 12 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm 9. Report PD 2020-06 of the Planning & Development Committee held on September 14, 2020 9.3 Director, City Development & CBO, Report PLN 16-20 The Draft Carruthers Creek Watershed Plan 2020–2030 Prepared by Toronto and Region Conservation Authority - City of Pickering Recommendations to the Draft Watershed Plan Council Decision: 1. That the Toronto and Region Conservation Authority (TRCA) be requested to revise the Draft Carruthers Creek Watershed Plan (CCWP), as follows: (a) Providing greater clarity about the “77%” figure identified as the potential increase in downstream peak flows under the hypothetical land use Scenario 3 modelling analysis including: explaining that it is a “worst case” scenario and why; identifying the rainfall and storm duration parameters for a Hurricane Hazel type event; and relating the modelled increases in peak flows to the proposed management recommendations; (b) Revising Management Recommendation 3.1.1 respecting the protection, expansion and restoration of the Natural Heritage System (NHS) in the watershed, to reflect discussion in the introductory text that precedes Table 8: NHS Management Recommendations, to allow consideration of alternative configurations, size and composition for an enhanced NHS to that identified on Map 2 of the Draft CCWP; and, (c) Adding a new Management Recommendation 1.3.6 stating that TRCA continues to support and enhance the existing flood model by increasing the number of rainfall monitoring stations and stream flow gauges on all tributaries including the most minor. 2. That a copy of this Report and Council’s resolution be forwarded to the TRCA, the Region of Durham and the Town of Ajax. 9.4 Director, City Development & CBO, Report PLN 17-20 Official Plan Amendment Application OPA 18-002/P Zoning By-law Amendment Application A 03/18 Metropia (Notion Road) Development Inc. Part of Lot 17, Concession 1, Now Part Lots 1, 2, and 3, 40R-11413 (1865 Pickering Parkway) Council Decision: - 13 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm 1. That Official Plan Amendment Application OPA 18 -002/P, submitted by Metropia (Notion Road) Development Inc., to reduce the minimum net residential density from 80 units per net hectare to 58 units per net hectare for the lands located on the south side of Pickering Parkway west of Notion Road, and to re-designate the easterly portions of the subject lands and the lands (1805 Pickering Parkway) immediately to the south, currently owned by Pickering Ridge Lands Inc. Trustee, from “Mixed Use Areas – Specialty Retailing Node” to “Open Space System – Natural Areas” to allow a residential condominium development to be approved, and that the draft by-law to adopt Amendment 39 to the Pickering Official Plan as set out in Appendix I to Report PLN 17-20 be forwarded to Council for enactment; and, 2. That Zoning By-law Amendment Application A 03/18, submitted by Metropia (Notion Road) Development Inc., to facilitate a residential condominium development consisting of 130 townhouse units on lands located on the south side of Pickering Parkway west of Notion Road, be endorsed subject to the provisions contained in Appendix II to Report PLN 17-20, and that staff be authorized to finalize and forward an implem enting Zoning By-law to Council for enactment. Resolution # 427/20 Moved by Councillor Pickles Seconded by Councillor Brenner That Report PD 2020-06 of the Planning & Development Committee Meeting held on September 14, 2020 be adopted, save and except Items 9.1 and 9.2 Carried 9.1 Director, City Development & CBO, Report PLN 18-20 Infill and Replacement Housing in Established Neighbourhoods Study - Planning Recommendations Report (Phase 3 Report) A brief question and answer period ensued regarding whether planning applications submitted before the proposed rules come into effect, would be subject to the current or the proposed rules and by-laws presented in Report PLN 18-20. Kyle Bentley, Director, City Development & CBO responded to questions noting that planning applications submitted before these new rules take effect would be subject to the current rules in place. Further discussion ensued regarding the application of the proposed rules under the City’s Kingston Road Corridor and Specialty Retailing Node Intensification Study, with Catherine Rose, Chief Planner, noting that the Kingston Corridor - 14 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm Project encouraged intensification, and that the projects being submitted were of the same nature which provided the ability to apply the spirit of the Study before it had been completed. Resolution # 428/20 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020, as contained in Attachment #1 to Report 18 -20, be endorsed; 2. That, in accordance with the recommendations in the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020, City staff; a) be authorized to initiate the recommended Official Plan and Zoning By-law Amendment processes; b) be authorized to undertake the necessary steps to implement the recommended by-law to restrict the width of driveways in the public right-of-way; and, c) be directed to investigate the implementation of a by-law for the protection of trees on private property and report back to Council in mid 2021. 3. That Council adopt the Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts contained in Appendix B of the Infill and Replacement Housing in Established Neighbourhoods, Planning Recommendations Report, prepared by SGL Planning & Design Inc., dated August 2020. Carried 9.2 Director, City Development & CBO, Report PLN 14-20 Proposed Telecommunication Tower Shared Network Canada Part of Lot 14, Concession 9, Now Parts 2 to 4, Plan 40R-20211 (2170 Ninth Concession Road) Installation #66 - 15 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm A question and answer period ensued between Members of Council and Kyle Bentley, Director, City Development & CBO, regarding:  the role of Industry Canada in the ultimate approval of the cell tower and the role of the City to facilitate community engagement in accordance with Cell Tower Protocols;  whether there were any other cell tower applications submitted to the City;  whether Staff had any outstanding pieces of correspondence addressed to Staff awaiting response;  the role of Staff as it relates to the cell tower range noting that it was not the role of staff to verify or analyze the coverage and that this responsibility would fall to Industry Canada;  the possibility of having to place multiple towers in Claremont to provide coverage beyond the 2 km to 2.5 km coverage by the proposed tower; and,  whether the City’s Development By-law applied to telecommunication facilities with Mr. Bentley noting that the provisions under the Planning Act and development by-law do not apply to cell tower applications. Resolution # 429/20 Moved by Councillor Pickles Seconded by Councillor Brenner That Shared Network Canada be advised that City Council does not object to the proposal for a 45.0 metre high tapered self-supported style telecommunication tower located at 2170 Ninth Concession Road, based on the design and location of the revised proposal. Carried on a Recorded Vote as Follows: Yes Councillor Ashe Councillor Brenner Councillor Cumming Councillor McLean Councillor Pickles Mayor Ryan No Councillor Butt 10. Reports – New and Unfinished Business 10.1 (Acting) Director, Community Services, Report CS 30-20 Update on Indigenous Land Acknowledgement and Relationship Building - Cultural Advisory Committee - 16 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm Resolution # 430/20 Moved by Councillor Butt Seconded by Councillor Brenner 1. That Council adopt the proposed Indigenous Land Acknowledgement Statement as set out in Attachment 1; 2. That Council endorse the Indigenous Relationship Building Action Plan, prepared by staff and the Cultural Advisory Committee, as set out in Attachment 2; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 10.2 Director, Engineering Services, Report ENG 07-20 Claremont Memorial Park Baseball Diamond Reconstruction - Tender No. T2020-27 Resolution # 431/20 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Tender No. T2020-27 for Claremont Memorial Park Baseball Diamond Reconstruction as submitted by Latitude 67 Ltd. in the total tendered amount of $565,489.52 (HST included) be accepted; 2. That the total gross project cost of $658,378.00 (HST included), including the tendered amount, a contingency and other associated costs, and the total net project cost of $592,890.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost in the amount of $592,890.00 as approved in the 2020 Parks Capital Budget by a transfer from the Parkland Reserve Fund; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 10.3 Director, Engineering Services, Report ENG 08-20 - 17 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm Barber Street Road Reconstruction - Tender No. T2020-24 Resolution # 432/20 Moved by Councillor Pickles Seconded by Councillor Butt 1. That Tender No. T2020-24 for Barber Street Road Reconstruction as submitted by NEI Construction Corp. in the total tendered amount of $249,224.33 (HST included) be accepted; 2. That the total gross project cost of $315,064.00 (HST included), including the tendered amount, a contingency, and other associated costs, and the total net project cost of $283,725.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost in the amount of $283,725.00 as approved in the 2020 Roads Capital Budget by a transfer from the Roads and Bridges Reserve Fund; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 10.4 Director, Human Resources, Report HUR 03-20 Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference Resolution # 433/20 Moved by Councillor McLean Seconded by Councillor Pickles 1. That Report HUR 03-20, regarding a Proposed New CAO By-law, Establishment of a Chief Administrative Officer (CAO) Recruitment Committee and Terms of Reference, be received; 2. That the draft By-law, defining the duties of the CAO, included as Attachment #1 to HUR 03-20, be enacted; 3. That an Ad Hoc, Chief Administrative Officer (CAO) Recruitment Committee, be established and comprised of the Mayor, two Members of - 18 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm Council selected by the Mayor, the Director, Human Resources, the City Clerk and an external executive recruiter; 4. That the draft Terms of Reference for the CAO Recruitment Committee, included as Attachment #2 to HUR 03-20, be approved; and, 5. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 10.5 Director, Corporate Services & City Solicitor, Report LEG 09-20 Indemnification Agreements - Construction of Median on Brock Road, Duffin Heights A question and answer period ensued between Members of Council and Staff regarding:  whether the indemnification Agreements would cease to exist after the median is constructed;  whether there are traffic signals planned at the intersection of Brock Road and Palmer’s Sawmill Road;  whether the City would be liable or responsible given that Brock Road is a regional road; and,  whether any costs would be borne by Pickering taxpayers with Staff noting that Duffin’s Point Inc. would be responsible for the construction costs and any liability under the Regional Indemnification Agreements. Resolution # 434/20 Moved by Councillor Brenner Seconded by Councillor Butt 1. That the attached Indemnification Agreement between Duffin’s Point Inc., The Corporation of the City of Pickering, and The Regional Municipality of Durham be approved (Attachment No. 1 to this Report); 2. That the attached Indemnification Agreement between Duffin’s Point Inc. and The Corporation of the City of Pickering be approved (Attachment No. 2 to this Report); 3. That the Mayor and City Clerk be authorized to execute said Indemnification Agreements, subject to minor revisions agreeable to the Director, Corporate Services & City Solicitor; and, - 19 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this Report. Carried 11. Motions and Notice of Motions There were no notices of motion. 12. By-laws 12.1 By-law 7779/20 Being a by-law to authorize the execution of a Boundary Road Agreement between the Corporation of the City of Pickering and the Corporation of the Township of Uxbridge (July 1, 2020 to June 30, 2030). 12.2 By-law 7780/20 Being a by-law to describe the duties and responsibilities of the Chief Administrative Officer and set out certain conditions of employment. 12.3 By-law 7781/20 Being a By-law to amend By-law 7665/18, which governs the proceedings of Council, any of its committees, the conduct of its Members, and the calling of meetings. 12.4 By-law 7782/20 Being a by-law to establish Part of Lot 59, RCP 1041, designated as Parts 4 and 5, 40R-30575 and Part of Block 21, 40M-2402, designated as Part 6, 40R-30575 as public highway. (Wingarden Crescent). 12.5 By-law 7783/20 Being a by-law to establish certain roads within the City of Pickering, Regional Municipality of Durham as public highways. (Hibiscus Drive, Delphinium Trail, Marathon Avenue, and Aquarius Trail). Resolution # 435/20 Moved by Councillor Brenner - 20 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm Seconded by Councillor Ashe That By-law Nos. 7779/20 through 7783/20 be approved. Carried 14. Other Business 14.1 Councillor Ashe reminded Members of Council that September 27, 2020 marks the 4 year anniversary of the passing of former City of Pickering Councillor Rick Johnson, noting that the City will be honouring Councillor Johnson through a dedication of a Park in his name in the new Seaton Community. 14.2 Councillor Cumming expressed concerns regarding the lack of strict requirements and enforcement of wearing face masks in grocery stores, with Mayor Ryan noting that he would bring this matter to MPP Peter Bethlenfalvy’s attention to look to the Province for guidance. 14.3 Councillor Brenner requested an update from Staff on administering flu shots in City’s facilities, with John Hagg, Fire Chief, advising that the Region no longer supports this initiative but that they have put Staff in contact with a nursing company who may be hired to administer the flu shots. Chief Hagg advised Council that Staff are currently looking into the particulars of this option. 14.4 Councillor Butt raised the matter of disposing face masks and gloves noting he had received calls from residents that they are being disposed of in public spaces. Paul Bigioni, Director Corporate Services & City Solicitor advised that littering can be dealt through the City’s Nuisance and Property Standards By- laws, but that the City does not currently have enough Staff resources available to enforce the mass littering of face masks and gloves. Councillor Butt requested that messaging be provided to the community, through the City’s social media platforms, on how these items should be properly disposed. 15. Confirmation By-law By-law Number 7784/20 Councillor Pickles, seconded by Councillor Cumming moved for leave to introduce a By- law of the City of Pickering to confirm the proceedings of September 28, 2020. Carried 16. Adjournment Moved by Councillor Butt - 21 - Council Meeting Minutes September 28, 2020 Electronic Meeting 7:00 pm Seconded by Councillor Cumming That the meeting be adjourned. Carried The meeting adjourned at 8:52 pm. Dated this 28th of September, 2020. David Ryan, Mayor Susan Cassel, City Clerk - 22 - Executive Committee Meeting Minutes October 5, 2020 Electronic Meeting – 2:00 pm Chair: Councillor Ashe 1 Present: Mayor David Ryan Councillors: D. Pickles Also Present: M. Carpino - Interim Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor B. Duffield - (Acting) Director, Community Services J. Hagg - Fire Chief R. Holborn - Director, Engineering Services F. Jadoon - Director, Economic Development & Strategic Projects S. Karwowski - Director, Finance & Treasurer S. Cassel - City Clerk R. Perera - (Acting) Committee Coordinator K. Ashe M. Brenner S. Butt I. Cumming B. McLean 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Disclosure of Interest No disclosures of interest were noted. 3. Delegations There were no delegations. 4. Matters for Consideration 4.1 Director, Corporate Services & City Solicitor, Report CLK 03-20 2021 Committee and Council Meeting Schedule - 23 - Executive Committee Meeting Minutes October 5, 2020 Electronic Meeting – 2:00 pm Chair: Councillor Ashe 2 A question and answer period ensued between Members of Committee and Stan Karwowski, Director, Finance & Treasurer, regarding:  the approach undertaken by other Region of Durham municipalities in setting their budget meeting dates and whether they had set their dates according to the release of the Federal and Provincial Government budgets;  whether Council would be apprised prior to setting the actual budget meeting date; and,  the available funds for the first quarter of 2021 should the budget not be adopted until April. Recommendation: Moved by Councillor McLean Seconded by Councillor Butt 1. That the 2021 Committee and Council Meeting Schedule appended as Attachment #1 to Report CLK 03-20 be approved; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 4.2 Director, Engineering Services, Report ENG 10-20 Amendment to Traffic and Parking By-law 6604/05 - Braeburn Crescent, Annland Street, Paddock Road A brief question and answer period ensued regarding notifying the public of the new parking restrictions and speed limits on Braeburn Crescent, Annland Street, and Paddock Road, and whether there are statistics to confirm that on-street parking on both sides of a road is unsafe. Richard Holborn, Director, Engineering Services, advised Members of the Committee that most of the recommended changes came from public feedback, and that Staff would send notification to residents advising of the changes. He further advised that on-street parking varied and was looked at on a site by site basis. Recommendation: Moved by Councillor Pickles Seconded by Councillor Brenner - 24 - Executive Committee Meeting Minutes October 5, 2020 Electronic Meeting – 2:00 pm Chair: Councillor Ashe 3 1. That the attached draft by-law be enacted to amend Schedule “2”, No Parking, and Schedule “9”, Speed Limits, to By-law 6604/05 to provide for the regulation of parking and speed on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering. The amendment specifically provides for the inclusion of parking restrictions on curves on Braeburn Crescent and on Annland Street, and to reduce the speed limit on Paddock Road from 50 km/h to 40 km/h; and, 2. That the appropriate off icials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 5. Other Business There was no other business. 6. Adjournment Moved by Councillor McLean Seconded by Councillor Cumming That the meeting be adjourned. Carried The meeting adjourned at 2:13 pm. - 25 - Planning & Development Committee Meeting Minutes October 5, 2020 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 1 Present: Mayor David Ryan Councillors: D. Pickles – arrived at 7:02 pm Also Present: M. Carpino - Interim Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor F. Jadoon - Director, Economic Development & Strategic Projects S. Cassel - City Clerk C. Rose - Chief Planner N. Surti - Manager, Development Review & Urban Design D. Jacobs - Manager, Policy & Geomatics C. Celebre - Principal Planner, Development Review M. Kish - Principal Planner, Policy R. Perera - (Acting) Committee Coordinator K. Ashe M. Brenner S. Butt I. Cumming B. McLean 1. Roll Call The City Clerk certified that all Members of Council were present, with the exception of Councillor Pickles, and noted that all Members present were participating electronically in accordance with By-law 7771/20. 2. Disclosure of Interest No disclosures of interest were noted. 3. Statutory Public Meetings Councillor Brenner, Chair, gave an outline of the requirements for a Statutory Public Meeting under the Planning Act. He outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the By-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Local Planning Appeal Tribunal (LPAT), and may not be - 26 - Planning & Development Committee Meeting Minutes October 5, 2020 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 2 entitled to be added as a party to the hearing unless, in the opinion of LPAT, there are reasonable grounds to do so. Catherine Rose, Chief Planner, appeared before the Committee to act as facilitator for the Statutory Public Meeting portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. 3.1 Information Report No. 12-20 Revised Zoning By-law Amendment Application A 13/17 (R2) Avonmore Ventures Inc. Part of Lot 18, Concession 3 (North of William Jackson Drive, South of the CPR Corridor) A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Cristina Celebre, Principal Planner, Development Review, provided the Committee with an overview of Revised Zoning By-law Amendment Application A 13/17 (R2). Through the aid of a PowerPoint presentation, Ms. Celebre outlined the location plan, and noted that the initial application had been submitted in 2017 with a revised proposal submitted by the applicant in late 2018. She provided an overview of the revised proposal, and noted that the Zoning By-law amendment seeks to rezone the developable portion of the subject lands to an appropriate residential zone category with site-specific performance standards and to utilize the Bonus Zoning provisions of the City's Official Plan to increase the maximum permitted density from 140 units per net hectare to 174 units per net hectare, in exchange for the provision of a community benefit under Section 37 of the Planning Act. Ms. Celebre outlined the potential residential use for the subject lands, and the planning and design comments identified by Staff for further review and consideration. Nilesh Surti, Manager, Development Review & Urban Design, appeared before the Committee to provide a brief summary of the comments City Development had received from an area resident a few hours prior to the meeting, expressing concern regarding the proposal. Brayden Libawski, The Biglieri Group Ltd, joined the electronic meeting via audio connection, representing the applicant. Mr. Libawski provided a brief overview of the application, referring to a PDF document that was circulated to the Committee prior to the meeting. A question and answer period ensued between Members of the Committee, City Staff, and Brayden Libawski, regarding: - 27 - Planning & Development Committee Meeting Minutes October 5, 2020 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 3  whether the 8-storey apartment building would be comprised of rental units or condominium units;  whether the natural heritage lands, located east of the subject site, and compensation for any tree removal would be conveyed to the Toronto and Region Conservation Authority (TRCA) and not the City;  whether the City proposes to install a three-way-stop to alleviate traffic concerns on William Jackson Drive;  whether the City would maintain the future village green in addition to the parks included in the proposed development;  whether the future village green is tied to the timelines of the proposed development;  whether the City is pursuing land acquisition from Infrastructure Ontario (IO) for additional parklands and whether that parkland would be for the use of all Pickering residents;  whether the entrance into the proposed development is wide enough to accommodate emergency vehicles;  whether there are affordable and accessible units included in the proposed development;  whether the concerns regarding the height of the crash wall indicated in the previous submission had been addressed; and,  whether there are accessible parking spaces included in the proposed development. 4. Delegations There were no delegations. 5. Planning & Development Reports 5.1 Director, City Development & CBO, Report PLN 19-20 City Initiated Official Plan Amendment Application: Drinking Water Source Protection - Conformity to the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan - Recommended Amendment 36 to the Pickering Official Plan - Recommended Informational Revision 24 to the Pickering Official Plan - File: OPA 19-002/P Kyle Bentley, Director, City Development & CBO, noted that the purpose of the report is to amend the City’s Official Plan to bring it into conformity with the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan. - 28 - Planning & Development Committee Meeting Minutes October 5, 2020 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 4 A brief question and answer period ensued regarding whether the technical matters included in Report PLN 19-20 had been brought forward by the conservation authorities to conform the City’s Official Plan to Provincial legislation, with Kyle Bentley, Director, City Development & CBO, confirming that this was correct and that Staff had circulated the Report to agencies for comment and that the conservation authorities and agencies are in support of the Report. Members of the Committee referred to a memo provided by the Director, City Development & CBO, prior to the meeting, regarding revised pages to Exhibit ‘A’ to Appendix I of Report PLN 19-20. Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt 1. That Official Plan Amendment Application OPA 19-002/P, initiated by the City of Pickering, to amend existing policies and a schedule and introduce new policies and a schedule to the Pickering Official Plan with regard to the protection of drinking water sources, as set out in Exhibit ‘A’ to Appendix I to Report PLN 19-20 be approved; 2. That the Draft By-law to adopt Amendment 36 to the Pickering Official Plan, to amend existing policies and a schedule, and introduce new policies and a schedule to the Pickering Official Plan with regard to the protection of drinking water sources, as set out in Appendix I to Report PLN 19-20, be forwarded to Council for enactment, including the changes outlined in the revised pages attached to the Memorandum from the Director, City Development & CBO, dated October 5, 2020; 3. That Council adopt Recommended Informational Revision 24 to the Pickering Official Plan as set out in Appendix II to Report PLN 19 -20; and, 4. That the City Clerk forward the Notice of Adoption to the Region of Durham and to each person or public body that provided written or verbal comments at the Open House, the Public Meeting, the Planning & Development Committee or the City Council meetings. Carried 5.2 Director, City Development & CBO, Report PLN 20-20 - 29 - Planning & Development Committee Meeting Minutes October 5, 2020 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 5 Proposed Telecommunication Tower Installation Enbridge Gas Distribution Inc. Installation #69 Part of Lot 17, Concession 4 (west side of Sideline 16, north of Taunton Road) Recommendation: Moved by Mayor Ryan Seconded by Councillor McLean That Enbridge Gas Distribution Inc. be advised that City Council does not object to the 29.0 metre high radio telecommunication tower installation proposed to be located on the west side of Sideline 16, north of Taunton Road, based on the design and other details submitted with this request. Carried 5.3 Director, City Development & CBO, Report PLN 21-20 Proposed Telecommunication Tower Installation Enbridge Gas Distribution Inc. Installation #70 Part Lot 18, Concession 8, Now Part 3, 40R-13684 (4905 Brock Road) Recommendation: Moved by Mayor Ryan Seconded by Councillor McLean That Enbridge Gas Distribution Inc. be advised that City Council does not object to the 27.4 metre high radio telecommunication tower installation proposed to be located at 4905 Brock Road, based on the design and other details submitted with this request. Carried 6. Other Business There was no other business. 7. Adjournment - 30 - Planning & Development Committee Meeting Minutes October 5, 2020 Electronic Meeting – 7:00 pm Chair: Councillor Brenner 6 Moved by Councillor McLean Seconded by Councillor Cumming That the meeting be adjourned. Carried The meeting adjourned at 7:37 pm. - 31 - Special Council Meeting Minutes October 20, 2020 Electronic Meeting 2:30 pm Present: Mayor David Ryan Councillors: D. Pickles Also Present: M. Carpino - Interim Chief Administrative Officer P. Bigioni - Director, Corporate Services & City Solicitor & (Acting) City Clerk C. Rose - Chief Planner R. Perera - (Acting) Committee Coordinator K. Ashe M. Brenner S. Butt I. Cumming B. McLean – arrived at 2:41pm 1. Roll Call The Director, Corporate Services & City Solicitor & (Acting) City Clerk, certified that all Members of Council were present, with the exception of Councillor McLean, and noted that all Members present were participating electronically in accordance with By-law 7771/20. 2. Disclosure of Interest No disclosures of interest were noted. 3. In Camera Matters Resolution # 436/20 Moved by Councillor Cumming Seconded by Councillor Pickles That Council move into closed session in accordance with the provisions of Section 239 (2) of the Municipal Act and Procedural By-law 7665/18, in that the matters to be discussed relate to: f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and, - 32 - Special Council Meeting Minutes October 20, 2020 Electronic Meeting 2:30 pm k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board Carried 3.1 Verbal update from the Interim Chief Administrative Officer and the Director, Corporate Services & City Solicitor Re: Negotiations for an Agreement related to the Minister’s Zoning Order for Durham Live This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution # 437/20 Moved by Councillor McLean Seconded by Councillor Cumming That Council rise from the closed session. Carried 4. Confirmation By-law By-law Number 7785/20 Councillor Brenner seconded by Councillor Cumming moved for leave to introduce a by- law of the City of Pickering to confirm the proceedings of October 20, 2020. Carried 5. Adjournment Moved by Councillor McLean Seconded by Councillor Ashe That the meeting be adjourned. Carried The meeting adjourned at 3:00 pm Dated this 20th of October, 2020. - 33 - Special Council Meeting Minutes October 20, 2020 Electronic Meeting 2:30 pm David Ryan, Mayor Paul Bigioni, (Acting) City Clerk - 34 - TOWN OF AJAX 65 Harwood Avenue South Ajax ON L1S 3S9 www.ajax.ca _______________________________________________________________________________ The Honorable Doug Ford Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1 premier@ontario.ca Sent by E-Mail October 7, 2020 Re: Support of ambulatory services at Ajax Pickering Hospital The following resolution was passed by Ajax Town Council at its special meeting held October 5, 2020: WHEREAS Ajax Council and the Town of Ajax have been and remain strong supporters of our local Lakeridge Health hospital, and show this support by contributing annually through ongoing financial support totaling $1.6 million over 10 years, participating in the Mayors’ Charity Golf Classic which has raised $4 million over 25 years, and continued advocacy efforts; and WHEREAS Council has been advised that Lakeridge Health Corporation, through its regular business planning process, is working with internal members across the Lakeridge Health system to explore new and innovative ways to provide care; and WHEREAS it is our understanding that one area of focus is the ambulatory care unit (ACU), which plays a critical role in diverting patients from emergency departments and supporting safe, and timely discharges; and WHEREAS the Bowmanville, Oshawa and Ajax ACU sites are already functioning at 100% capacity and maximum efficiency with waiting lists for priority cases; and WHEREAS it has been shared that the corporation is considering a 20% reduction to the ambulatory care budget, which would result in a cut of $625k to the Ajax Pickering Hospital ACU (which represents 67% of the total proposed cut of $975k), and have a far greater impact on patients, nursing staff and overall hospital care than the total 0.01% savings represented; and WHEREAS any cuts in resources will have a direct effect on the high volume of patients that are seen and treated every day at the Ajax Pickering Hospital ACU, which provides critical services such as 24/7/365 emergency support, fracture clinics, shoulder clinics and plastic surgery program and specialty services and programs; Corr. 50-20 - 35 - THEREFORE BE IT RESOLVED that: 1. Ajax Council reaffirms their unwavering support for the Ajax Pickering Hospital and the doctors that provide quality, timely and compassionate care to residents; and 2. That Ajax Council urges the leadership of Lakeridge Health to reconsider reducing resources at the ambulatory care units, knowing it will have serious consequences; and 3. That Lakeridge Health involve hospital and surgery leads in any discussions regarding service cuts and/or new approaches to care; and 4. That this motion be distributed to Premier Ford, Minister Elliott, all Durham Region MPPs and Durham Region municipalities. If you require further information please contact me at 905-619-2529 ext. 3347 or sarah.moore@ajax.ca. Sincerely, Sarah Moore Acting Manager of Legislative Services/Deputy Clerk Copy: Mayor S. Collier Regional Councillor M. Crawford Minister C. Elliott All Durham Region MPPs All Durham Region municipalities - 36 - E-mail Please see the attached resolution regarding the above subject matter that was endorsed by the Town of Ajax at our Council meeting held September 21, 2020. Regards Premier Ford doug.fordco@pc.ola.org Hon. Mark Holland, MP Mark.Holland@parl.gc.ca Hon. Rod Phillips, MPP rod.phillips@pc.ola.org Region of Durham Chair@durham.ca all Durham municipalities Federation of Canadian Municipalities info@fcm.ca Association of Municipalities of Ontario amo@amo.on.ca - 37 - Report to Council Report Number: CAO 06-20 Date: October 26, 2020 From: Marisa Carpino Interim Chief Administrative Officer Subject: Minister’s Zoning Order Request for Durham Live Lands - Minister’s Zoning Order Development Agreement - File: D-1000-004 Recommendation: 1. That Council approve the Minister’s Zoning Order Development Agreement, substantially in the form set out in Attachment No. 1 to this report, subject to minor revisions acceptable to the Interim Chief Administrative Officer and the Director, Corporate Services & City Solicitor; 2. That the Mayor and City Clerk be authorized to execute the said agreement on behalf of the City and forward a copy to the Ministry of Municipal Affairs and Housing; and 3. That the appropriate City of Pickering officials be authorized to take the actions necessary to give effect to this report. Executive Summary: City staff, in collaboration with staff from the Ministry of Municipal Affairs and Housing (MMAH), the Regional Municipality of Durham (the Region), and representatives from Triple Properties (Durham Live), have been working diligently over the last four months to satisfy the Minister with the appropriateness of enacting a Minister’s Zoning Order (“MZO”) on the majority of the Durham Live lands. The lands subject of the proposed MZO are bounded by Highway 401 to the north, Church Street to the east, Bayly Street to the south, and the CN rail spur on the west, excluding the lands occupied by the existing Casino Resort. The MZO would establish zoning permissions for a number of new uses including a major distribution and production centre on the lands west of Squires Beach Road, and on the lands east of Squires Beach Road, warehousing/and logistics, residential apartments, retail uses and expanded Major Tourist Destination uses on all the developable lands. The Region had a concern with the MZO being enacted without a mechanism to address their concerns regarding servicing capacity, transportation, and affordable housing. The use of a development agreement between the affected parties was identified as an appropriate means to require the transportation and water and sewer studies to be undertaken, the resulting required works to be constructed, and affordable housing to be required as part of Triple Properties’ residential permission. As such, a “Minister’s Zoning Order Development Agreement” (the “Agreement”) has been prepared. A copy of the draft Minister’s Zoning Order Development Agreement for the Durham Live lands is included as Attachment No. 1 to this report. It is a three-party agreement between the Regional Municipality of Durham, The Corporation of the City of Pickering, and Triple - 38 - Report CAO 06-20 October 26, 2020 Subject: Minister’s Zoning Order Development Agreement Page 2 Properties’ landholding companies, Pickering Developments (401) Inc., Pickering Developments (Bayly) Inc., and Pickering Developments (Squires) Inc. (referred to as the “Owner” in the Agreement). The Agreement:  requires the Owner, at their own expense, to prepare a Transportation Study and a Water and Sewer Study to identify infrastructure needed to accommodate the development;  requires the Owner to undertake those works from which only the Owner benefits (exclusive works) at their sole expense;  indicates non-exclusive works will be cost-shared with other benefitting landowners;  requires the Owner to post securities for both the completion of the required studies and for the required exclusive works;  requires 150 of the 1,650 residential apartments to be affordable housing, with one-third to be delivered in the first phase of residential development, and the remainder in the second phase of residential development;  requires the Owner to pay applicable Regional and City Developm ent Charges (DCs) and to be eligible to apply for DC credits, if available;  requires the Owner to pay applicable Regional and City Engineering Review fees; and  establishes arbitration as a dispute resolution mechanism. It is City staff’s understanding that the Region will be considering the Agreement at their Regional Council meeting on October 28, 2020. At this time, it is recommended that City Council approve the Agreement. Financial Implications: The development that could be achieved with the enactment of th e MZO would result in increased property tax assessment and increased job opportunities. The Agreement obligates Triple Properties to pay for the works that exclusively benefit its lands. The Agreement provides for further negotiations to address the cost of works that would benefit other property owners in the area, on the basis that benefitting landowners should pay their proportionate share of such works. Discussion: On May 25, 2020, Deputy Mayor Ashe, at the direction of City Council (Resolution #293/20), wrote to the Minister of Municipal Affairs and Housing requesting that the Minister enact a Minister’s Zoning Order (“MZO”), pursuant to section 47 of the Planning Act, on the Durham Live lands (excluding the area of the casino/hotel/multi-purpose arena). A MZO is like a Provincial zoning by-law, establishing permissible uses, and standards and provisions for those uses. It supersedes the City’s zoning by-laws in the event of a conflict between the two. The MZO would establish these land use rights in an expedited process relative to the normal time it takes to amend a municipal zoning by-law. - 39 - Report CAO 06-20 October 26, 2020 Subject: Minister’s Zoning Order Development Agreement Page 3 The purpose of the MZO is to allow a major distribution centre and production facility on land west of Squires Beach Road ranging in size between approximately 79,000 square metres to 113,000 square metres. For the lands east of Squires Beach Road, the MZO would establish a Natural Heritage System zone that includes a 30-metre buffer (instead of the current 120-metre buffer), extend all of the uses currently permitted by the MTD zoning under By-law 7405/15 over the remaining developable lands, add permissions for 1,650 residential apartments of which a minimum 150 shall be affordable housing units, and allow for up to 32,500 square metres of retail commercial uses. The benefit of an MZO is that it can be enacted quickly. There is no right of appeal from an MZO. Through a typical zoning by-law amendment application, supporting studies would be required to be prepared by the applicant addressing such matters as the impact of the proposed development on infrastructure, and identifying required works to address the impact. The City (or Region) would require the works to be completed as a condition of approval by placing an (H) – holding symbol on the zoning. An (H) – holding symbol cannot be used with a MZO. There is a public interest to ensure that the development contemplated by the MZO will occur in an orderly and controlled manner. The Region expressed concern about the capacity of existing water and sewer services available to this area, and about the impact of the development on the road network. Additionally, with the MZO proposing permission for residential uses, the Region and the City will benefit from the inclusion of 150 affordable housing units. Thus, a three-party “Minister’s Zoning Order Development Agreement” has been prepared between the Region, the City and Triple Properties. The Agreement addresses the responsibilities for funding, undertaking, and implementing required works to address transportation, and water and sewer capacity issues. The Agreement also addresses the requirement for , and timing of, the delivery of the affordable housing units. It is recommended that Council approve the draft Minister’s Zoning Order Development Agreement, subject to any minor changes acceptable to the Interim Chief Administrative Officer and the Director, Corporate Services & City Solicitor, and that the said Agreement be executed by the City and a copy be provided to the Ministry of Municipal Housing and Affairs. Attachment 1. Draft Minister’s Zoning Order Development Agreement - 40 - Report CAO 06-20 October 26, 2020 Subject: Minister’s Zoning Order Development Agreement Page 4 Prepared By: Approved/Endorsed By: Catherine Rose, MCIP, RPP Paul Bigioni Chief Planner Director, Corporate Services & City Solicitor CR:ld Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer Original Signed By:Original Signed By: Original Signed By: - 41 - 1 | P a g e MINISTER’S ZONING ORDER DEVELOPMENT AGREEMENT THIS AGREEMENT made this ___ day of ________, 2020. B E T W E E N: PICKERING DEVELOPMENTS (401) INC. PICKERING DEVELOPMENTS (BAYLY) INC. PICKERING DEVELOPMENTS (SQUIRES) INC. (the “Owner”) -and - THE REGIONAL MUNICIPALITY OF DURHAM (the “Region”) -and - THE CORPORATION OF THE CITY OF PICKERING (the “City”) -and - TBA (the “Encumbrancer”) RECITALS WHEREAS: (a)The Owner is the registered owner of the Lands; (b)The Owner proposes to further develop the Lands pursuant to a Ministerial Zoning Order; (c)The Region requires as a condition of the granting of the Ministerial Zoning Order under the provisions of the Planning Act, R.S.O. c.P13 that this agreement be entered into between the Owner, the Region and the City. (d)The development of the Lands will necessitate the construction of the Exclusive Works and Non-Exclusive Works. NOW THEREFORE the Owner, the Region, the City and the Encumbrancer agree as follows: Attachment #1 to Report #CAO 06-20 - 42 - 2 | P a g e INTERPRETATION Definitions 1. In this Agreement and in the recitals above, (a) “Agreement” means this Minister’s Zoning Order Development Agreement and all referenced Schedules including the drawings referenced in the definition of “Exclusive Works” and “Non-Exclusive Works” which shall all inclusively be considered the complete and entire Agreement; (b) “City” means the Corporation of the City of Pickering acting as a body corporate and, where the context requires, includes all of its employees, officers, servants and agents; (c) “Completion Acceptance Letter” means the letter described in Section 11; (d) “Exclusive Works” means those Works, if any, identified in the Required Studies that are for the exclusive benefit of the Lands but only as they apply to such uses (or the extent of such uses) which were not already permitted by City of Pickering By-law 7404-15, as amended, including the prior lifting of H-1 and H-2. (e) “Final Acceptance Letter” means the letter described in Section 16; (f) “Lands” means the lands legally described as: FIRSTLY: PICKERING CON.1-17-1 SEC TOWNSHIP OF PICKERING; PT LT 17 CON 1 IN THE TOWNSHIP OF PICKERING, IN THE COUNTY OF ONTARIO PTS 1, 2 & 3, 40R8440 EXCEPT PT 2, 40R10082 ; S/T LT89157 (TRANSFERRED BY DR98641); CITY OF PICKERING SECONDLY: CON. 1-15-2 SEC PICKERING; PT LTS 15 & 16 CON 1, OF THE ORIGINAL TOWNSHIP OF PICKERING IN THE COUNTY OF ONTARIO, PTS 2, 3 & 4, 40R5623 EXCEPT PTS 1 & 2, 40R8447 & PTS 1, 2, 3 & 4, 40R8469 ;; SUBJECT TO AN EASEMENT IN GROSS OVER PART 1, PLAN 40R-30556 AS IN DR1814588; CITY OF PICKERING THIRDLY: CON. 1-15-2 SEC PICKERING; PT LTS 15 & 16 CON 1, TOWNSHIP OF PICKERING, COUNTY OF ONTARIO, PT 1, 40R5623 ;; CITY OF PICKERING (g) “Letter of Credit” means a letter of credit described in Section 25; (h) “Minister’s Zoning Order” means a Minister’s Zoning Order issued by the Minister of Municipal Affairs under section 47 of the Planning Act which - 43 - 3 | P a g e order permits, among other things, the following uses or permissions on the Lands: i) 1650 residential apartment units (which includes 150 units of affordable rental housing) (the “Residential Permission”); ii) 32,500 m2 of retail uses (the “Retail Uses”); and iii) reducing the environmental area in the “Urban Reserve Zone” from 120 m to approximately 30 m (the “Urban Reserve Permission”); iv) permitting a distribution center on Lands encumbered by a provincially significant wetland (“Project Lonestar”) (i) “Non-Exclusive Works” means those Works, if any, identified in the Required Studies that non-exclusively benefit the Lands, but only as they apply to such uses (or the extent of such uses) which were not already permitted by City of Pickering By-law 7404-15, as amended, including the prior lifting of H-1 and H-2. (j) “Region” means The Regional Municipality of Durham acting as a body corporate and, where the context requires, includes all employees, officers, servants and agents of The Regional Municipality of Durham; (k) “Required Studies” means those studies identified on Schedule “C” to this Agreement. (l) “Works” means all of the Exclusive Works and Non-Exclusive Works to be installed. Schedules 2. The following Schedules are attached to and form part of this Agreement: Schedule A Solicitor's Certificate Schedule B Lands and Interests to be Conveyed to the Region. Schedule C Required Studies References 3. References in this Agreement to Sections and Schedules are to Sections and Schedules in this Agreement. Extended Meanings 4. This Agreement shall be read with all changes in gender or number as the context may require. - 44 - 4 | P a g e Owner’s Expense 5. Every provision of this Agreement by which the Owner is obligated in any way shall be deemed to include the words "at the expense of the Owner" unless the contex t otherwise requires. EXCLUSIVE AND NON-EXCLUSIVE SERVICES Commencement, Design and Installation 6. (1) In this Section, “plans” means the plans, profiles, contours, surveys and other engineering reports, materials, drawings, data and investigations required to complete the Required Studies and the design and installation of the Exclusive Works. (2) The Owner shall be responsible for the preparation of all plans, the preparation of all Required Studies and the installation of all Exclusive Works as determined by the Required Studies. The plans shall be prepared, and the installation of the Exclusive Works shall be undertaken in accordance with all applicable federal, provincial and municipal laws, by-laws, rules, regulations, standards and other governmental requirements and the Design and Construction Specifications for Regional Services. Where no materials are specified in the Region’s design guidelines, the materials shall be approved by the Region prior to the installation of the Exclusive Works. (3) This Agreement shall only come into force and effect and shall only be binding on the Parties upon the issuance of a Minister’s Zoning Order which applies to all of the vacant Lands (“MZO”). (4) At the request of the Region or the City, the Owner shall make any and all necessary changes or deletions to the plans to ensure that the Exclusive Works to be assumed by the Region or the City meet the Region’s or the City’s technical standards, as the case may be, and the Exclusive Works shall be adjusted accordingly. For greater clarity, the scope of the Exclusive Works, as identified in the Required Studies, will not be expanded or revised except as is required to meet the Region’s and the City’s technical standards for assumption. The intent of this clause is not to require the Owner to write a ‘blank cheque’. In the case of a disagreement between the Owner, the City or the Region as to what is required, the Owner, the City and the Region, as the case may be, will work diligently and co-operatively to settle their dispute, including arbitration as provided for in this Agreement, if necessary. - 45 - 5 | P a g e Authorization to Commence Work 7. The Owner shall not commence the installation of the Exclusive Works without written permission from the Region or the City as the case may be. Such permission shall not be given until, (a) the Owner has completed and submitted to the Region and/or the City, as required, the Required Studies for the approval of the Region or the City, as the case may be, the sufficiency and completion of which shall be determined at the sole discretion of the Region or the City, all acting reasonably; (b) all monies, securities and insurance policies required by this Agreement have been delivered to the Region or the City, as the case may be; (c) the required Fees, in accordance with this Agreement, have been paid for the Required Studies and the Exclusive Works; (d) A Construction Management Plan to the satisfaction of the Region or the City, as the case may be, for the Exclusive Works has been submitted addressing, among other things, i. the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing public streets or any proposed public street, ii. the provision of mud and dust control on all roads within and adjacent to the site, iii. the type and timing of construction fencing, iv. the location of construction trailers, and v. details of any temporary construction access; (e) the lands and easements as determined by the Required Studies have been conveyed to the Region or the City, at the appropriate time and as the case may be; and (f) the Owner has obtained all necessary approvals for the installation of the Exclusive Works. Additional Work 8. If at any time prior to completing the installation of the Exclusive Works the Region or the City, acting reasonably, is of the opinion that changes are necessary to ensure that the Exclusive Works to be assumed by the Region or the City meet the Region’s and the City’s technical standards, the Owner shall make such changes. For greater clarity, the changes contemplated herein are not intended to be - 46 - 6 | P a g e inconsistent or materially different from the Exclusive Works identified in the Required Studies but are limited to those matters which require change to meet the Region’s and the City’s technical standards for assumption. The intent of this clause is not to require to Owner to write a ‘blank cheque’. Completion of the Works 9. The completion dates for the installation of the Exclusive Works shall be determined by the Required Studies. 10. The Owner shall ensure that the Exclusive Works are completed in compliance with the Required Studies and in a good and workmanlike manner, comparable to similar services and work normally performed by efficient, experienced and competent engineering and construction professionals. 11. In the event that the Exclusive Works are in the jurisdiction of the Region, then after the Exclusive Works have been installed to the satisfaction of the Region and in accordance with section 10, and any payments or arrangements for payment, to the satisfaction of the Region, have been made for the Non-Exclusive Works, the Region shall issue a letter (the “Completion Acceptance Letter”) confirming completion of the Works and the commencement date for the maintenance period. 12. In the event that the Exclusive Works are in the jurisdiction of the City, then after the Exclusive Works have been installed to the satisfaction of the City and in accordance with section 10, and any payments or arrangements for payment, to the satisfaction of the City, have been made for the Non-Exclusive Works, the City shall issue a letter (the “Completion Acceptance Letter”) confirming completion of the Works and the commencement date for the maintenance period. 13. The Owner acknowledges and agrees that it shall not request and the Region, and/or the City shall not issue, the Completion Acceptance Letter to the Owner until the Owner has completed the Exclusive Works to the satisfaction of the Region or the City, as the case may be, and in accordance with section 10. Occupational Health and Safety 14. In the performance of the Exclusive Works, Owner shall (1) Ensure that the Exclusive Works are installed safely and in accordance with the Occupational Health and Safety Act, as amended from time to time (“Act”); (2) Ensure that its employees, contractors, subcontractors and their employees act safely and comply with the Act; (3) Rectify any unsafe act or practice and any non -compliance with the Act immediately upon being notified by any person of the existence of such act, practice or non-compliance; and, - 47 - 7 | P a g e (4) Permit representatives of the Region or the City, as the case may be, to enter onto the Lands at any time or times for the purpose of inspection to determine compliance with this section. Approvals and Permits 15. The Owner acknowledges that connection to the Region’s Sewer System and Water Supply System is regulated by the Region’s Sewer System and Water Supply System By-law. The Owner further acknowledges, being advised by the Region, that the Region may refuse to issue a permit under that By-law for any use on the Lands until such time as the Region has issued a Completion Acceptance Letter to the Owner for the relevant service. Maintenance of the Works 16. The Owner shall maintain the Exclusive Works for a minimum period of two (2) years following the issuance of the Completion Acceptance Letter, (the “Maintenance Period”). At the conclusion of the Maintenance Period, the Region or the City, as the case may be, shall re-inspect the Exclusive Works, and if acceptable to the Region or the City, the Region or the City, as the case may be, shall issue a letter (the "Final Acceptance Letter") confirming such acceptance and the termination of the Maintenance Period. Upon the issuance of the Final Acceptance Letter, the Region or the City as applicable, shall assume ownership of, and all operation and maintenance responsibilities for, the Exclusive Works. “As Recorded" Drawings 17. Prior to the issuance of the Final Acceptance Letter, the Owner shall submit to the Region or the City, complete in accordance with Regional standards, "as recorded" drawings for the Exclusive Works. Emergency Repairs 18. The Region and the City may enter upon the Lands at any time for the purpose of making emergency repairs to any of the Exclusive Works. In such situation the Region and the City shall not be deemed to have accepted any of the Exclusive Works or assumed any liability in connection with the Exclusive Works. Restoration of Roads 19. The Owner shall be responsible for the clean-up and repair of all Regional and local roads, including boulevards, which become dirty or damaged as a result of the installation of the Exclusive Works. Within 48 hours of verbal notification to the Owner by the Region or the City, as the case may be, the Owner shall undertake such works as are necessary to clean-up or repair the roads. - 48 - 8 | P a g e FINANCIAL MATTERS Cost of the Works 20. The Owner shall be responsible for the full cost of the Exclusive Works and shall front-end the full cost of the Required Studies, subject to cost-recovery as provided for in the section entitled Non-Exclusive Works. The estimated cost of the Exclusive Works shall be determined by the Required Studies. Development Charges 21. The Owner shall pay Regional and City development charges for all uses at the rate in effect at the time payment is made in accordance with the Region's and the City’s development charge by-laws. Regional and City development charges shall be payable in accordance with the Region’s and City’s development charge by- laws with respect to each dwelling unit. 22. All development charges owing shall be payable in accordance with the applicable development charge by-laws with respect to the commercial, industrial and institutional use. 23. To the extent that any of the Exclusive Works or the Non -Exclusive Works are eligible for development charge credits, then the Owner shall be entitled to apply for such credits and the Region or the City, as the case may be, shall process such applications in good faith. Fees 24. (1) In this Section, i. “Engineering Fee” means all costs and expenses incurred by the Region and the City, as the case may be, in reviewing, examining and inspecting the design and installation of the Required Studies and the Exclusive Works; (2) The Region’s Engineering Fee is calculated by applying the applicable formula in the following chart to the total cost of the Works: - 49 - 9 | P a g e Total Cost of the Works Engineering Fee Less than $100,000 3% (minimum $250.00) $100,001 to $200,000 $3,000 on first $100,000 and 2.5% on next $100,000 $200,001 to $500,000 $5,500 on first $200,000 and 2.25% on next $300,000 $500,001 to $1,000,000 $12,250 on first $500,000 and 2.0% on next $500,000 $1,000,001 to $2,000,000 $22,250 on first $1,000,000 and 1.50% on next $1,000,000 $2,000,001 to $4,000,000 $37,250 on first $2,000,000 and 1.20% on next $2,000,000 (3) The City’s Engineering Fee means those fees charged by the City pursuant to its General Municipal Fees By-law, as amended from time to time. (4) The Engineering Fee only includes periodic inspection. If the Region or the City is required to provide full-time on-site inspection services for the installation of the Works, then the Owner shall reimburse the Region or the City, as the case may be, and shall reimburse the Region or the City for all costs and expenses incurred by the Region or City, as the case may be, for such services. All such costs and expenses shall be in addition to the Engineering Fee. Security 25. The owner shall file with the Region or the City, as the case may be, Letters of Credit as follows: (1) Forthwith upon execution of this Agreement a Letter of Credit in the amount of $200,000, being one hundred percent (100%) of the estimated cost of the Required Studies; and, (2) Prior to the commencement of any work in relation to the Exclusive Works a Letter of Credit in an amount determined by the Required Studies being one hundred percent (100%) of the estimated cost of the Exclusive Works, in order to guarantee the due performance of all of the Owner’s obligations under this Agreement with respect to the Required Studies and the installation of the Exclusive Works. The Letters of Credit shall be in a form satisfactory to the Region’s or City’s Treasurer, as the case may be. 26. The Letter of Credit for the Required Studies shall be released upon successful completion of the Required Studies to the Region’s or the City’s sole satisfaction, as the case may be. - 50 - 10 | P a g e 27. The Letter of Credit for the Exclusive Works shall be reduced to 25% of its original amount provided the Completion Acceptance Letter has been issued and the Owner has filed with the Region or the City, as the case may be, a statutory declaration stating that, i. all services and materials with respect to the installation of the Works have been supplied and no amounts are owing to any person in relation to such materials or services; ii. no person has given notice of a claim for lien under the Construction Lien Act, R.S.O. 1990, c.30 against the Lands or any part thereof, and no person is entitled to make such a claim; iii. there are no judgments or executions filed against the Owner; iv. nothing is owing by the Owner or claimed against it for unemployment insurance deductions, income tax deductions or premiums under the Workplace Safety and Insurance Act, 1997, S.O. 1997. c. 16, Sch. A; v. the Owner has not made any assignment for the benefit of creditors, no receiving order has been made against it under the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 and no petition for such an order been served upon the Owner; and vi. forty-five (45) days have passed since the completion of the installation of the Works. 28. The Region or the City, as the case may be, shall release the Letter of Credit for the Exclusive Works following the issuance of the Final Acceptance Letter. Non-Exclusive Works 29. In the event that the Required Studies identify Non -Exclusive Works, the Owner the Region and the City agree that how such Non-Exclusive W orks are funded, designed, and expeditiously constructed will, at the request of any one of the Region, the City and the Owner, as the case may be, be the subject of future, good faith negotiations, between the Owner, the City and the Region. The Owner, City and Region acknowledge that such further negotiations may require the involvement of other persons or parties. The Owner, the Region and the City agree that such further agreement will be based on a principle that those who benefit from the Non-Exclusive Works shall pay their fair share of such works. The Owner, the Region and the City will consider any legal mechanisms available to implement such cost sharing including but not limited to Front-Ending Agreements under the Development Charges Act 1997, S.O. 1997, c. 27 and the imposition of conditions for Planning Act approvals. - 51 - 11 | P a g e Affordable Housing 30. The Owner acknowledges and agrees that it shall, as part of the residential development of 1,650 units on the Lands, provide a minimum of 150 affordable housing units, which units shall, for a period of not less than twenty (20) years, have a market rent at or below 80% of the Canadian Mortgage and Housing Corporation determination of average market rent for the market area , to the satisfaction of the Region and the City. 31. The Owner acknowledges and agrees that it shall provide at least one third of the minimum 150 affordable housing units described herein as part of the first phase of any residential development on the Lands, and the remaini ng two thirds of the required affordable housing units as part of the second phase of development on the Lands to the satisfaction of the Region and the City. The Owner agrees that it shall enter into a contribution agreement, or such equivalent commitment as the Region deems appropriate, with the Region in respect of the Affordable Housing, to give effect to the forgoing paragraph. Insurance 32. (1) Before commencing any of the Works set out in this Agreement, the Owner shall obtain and maintain policies of insurance with the following types of coverage and associated limits: i. General Liability coverage to a limit of $5,000,000; (2) Any insurance obtained under this Section shall name the Region and the City, as the case may be, as an additional insured so that it is protected from claims by third parties, is protected from claims by insurers, and, in the case of insurance insuring against major perils, is able to receive the proceeds for the purposes of correcting any deficiencies arising as a result of any perils insured against which are not being rectified by the Owner. (3) No policy of insurance shall contain a clause for exclusion for blasting. (4) All insurance policies shall specify that they shall not be cancelled or changed to reduce the coverage unless the insurance company has given thirty (30) days prior written notice to the Region and the City, as the case may be. (5) Certificates of insurance setting out the essential terms and conditions of the insurance shall be provided to the Region and City, as the case may be, prior to the Region or City, as the case may be, executing this Agreement and shall be continued until the Final Acceptance Letter has been issued. The certificate of insurance shall be in a form satisfactory to the Region’s or the City’s Treasurer, as the case may be. - 52 - 12 | P a g e (6) The issuance of any policy of insurance shall not be construed as relieving the Owner from responsibility from other or larger claims, if any, for which the Owner may be held responsible. Indemnification 33. Until the Final Acceptance Letter has been issued, the corporations that constitute the Owner shall jointly and severally indemnify and save harmless the Region and the City from all losses, damages, costs, expenses, claims, demands and actions of every nature and kind whatsoever including death or injury (collectively referred to as “losses”) arising directly or indirectly from the design, installation, maintenance or operation of the Exclusive Works , the Non-Exclusive Works, or any other obligation of the Owner under this Agreement, including any claims brought against the Region or the City, as the case may be, by any person arising out of any unsafe act or practice or any non-compliance with the Occupational Health and Safety Act by the Owner or any of its employees, contractors, subcontractors and their employees in the performance of the Exclusive Works, or in the performance of any other obligation pursuant to this Agreement, whether or not such losses are incurred by reason of negligence on the part of the Owner and whether such losses are sustained by the Region or the City, as the case may be, the Owner or their employees, workmen, servants, agents or councillors or any other person or corporation DEFAULT Events of Default 34. The Owner shall be in default under this Agreement if, (1) the Owner fails to complete the Required Studies or to install or maintain any part of the Exclusive Works or Non-Exclusive Works as required by this Agreement or fails to carry out any other obligation under this Agreement; or (2) the Region or the City receives legal notice, or otherwise finds, that the Owner has ceased to carry on business, is bankrupt, insolvent or has made a voluntary or involuntary proposal in bankruptcy, whether such cessation of business is voluntary or involuntary. Remedies of Default 35. If the Owner is in default and such default has continued for a period of seven (7) days (or such longer period as may be reasonably required in the circumstances to cure the default) after receipt of notice from either of the Region or the City setting out the particulars of the default, the Region or the City, as the case may be, may enter upon the Lands and do all such matters and things as are required - 53 - 13 | P a g e to remedy the default, including the repair or reconstruction of faulty work and the replacement of substandard materials. Nothing in this Section shall require the Region or the City to give notice in any situation deemed by them to be an emergency. 36. Actual costs incurred by the Region or the City in carrying out any remedial work plus twenty five (25%) percent of such costs as a charge for overhead (to be construed as a liquidated amount, not as a penalty) shall be paid by the Owner to the Region and the City as applicable. 37. The Region or the City, as the case may be, may draw upon the Letter of Credit to satisfy any costs associated with remedying any default. 38. Failure by the Region or the City to exercise any of its rights, powers or remedies under this Agreement or any delay in doing so shall not constitute a waiver of those rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. DISPUTE RESOLUTION Arbitration 39. Any dispute, disagreement, controversy, question or claim (including a claim for indemnification) arising out of, in relation to, or in connection with this Agreement (collectively, a “Dispute”), which cannot be amicably settled by negotiation or mediation shall be finally settled by arbitration. The arbitration shall be conducted in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17. The arbitration award shall be final and binding on the Parties, subject to applicable Laws and Regulations. Confidentiality 40. The Parties will keep confidential and not disclose to any other person, the arbitration and all matters arising directly or indirectly from the Dispute (including all documents exchanged, the evidence and the award). A Party may, however, disclose any such information to the extent required: (1) to obtain assistance from persons to conduct the arbitration; (2) by Laws and Regulations; or (3) by a disclosure requirement with a shareholder, lender or potential lender (including any advisor to any such recipient person), so long as such person is informed of the confidential nature of such information and such person agrees to be bound, subject to Laws and Regulations, by such confidentiality obligation. - 54 - 14 | P a g e Costs of Arbitration 41. Subject to the terms of this Contract, those parties who are participating in the arbitration will bear the costs of it in equal shares. Governing Law 42. Any arbitrations conducted under this Section are governed by and are to be construed and interpreted in accordance with, the laws of Ontario and the laws of Canada applicable in Ontario. OTHER MATTERS Notice of Agreement 43. The Owner shall give to every purchaser of any part of the Lands actual notice of the existence and the terms of this Agreement and include such notice in any offer to purchase or other similar document dealing with the Lands. Registration on Title 44. This Agreement shall be binding upon and shall enure to the benefit of the Parties, their heirs, executors, administrators, successors and assigns whether on title or otherwise. 45. Within 10 days of the execution of this Agreement, the Owner shall register this Agreement on title to the Lands. 46. The Owner agrees that it will not convey by way of deed, or transfer, or grant or assign or exercise a power of appointment or enter into an agreement of purchase and sale in respect of the Property, or any portion thereof, or enter into any other agreement or lease, which has or could have the effect of granting the use of or right in the Property, or any portion thereof, directly or by entitlement to renewal, unless the Owner requires the proposed purchaser, grantee, assignee, lessee , or such other person who would be entitled to the benefits of such agreements or transactions, to execute and deliver to the Region and the City an agreement with the Region and the City, satisfactory in form and content to the Regional and City Solicitor, wherein such party agrees to assume the covenants and obligations of the Owner set out in this Servicing Agreement and to be bound by the terms of this Servicing Agreement. This requirement does not apply to end users (such as tenants or purchasers of residential units, tenants of non-residential space). Postponement 47. All rights and interests which the Encumbrancer has in the Lands are hereby postponed to this Agreement and any easement given pursuant to this Agreement - 55 - 15 | P a g e and the Encumbrancer agrees to be bound by all of the provisions of this Agreement should the Encumbrancer become a mortgagee in possession as a result of a power of sale or an Owner as a result of foreclosure, and in either event, the Encumbrancer agrees that it shall stand in the shoes of the Owner as if it is the Owner. Conveyances 48. The Owner shall convey, or ensure that the necessary party conveys, to the Region and the City the lands and interests in land, as determined by the Required Studies. Any such conveyances shall be in a form acceptable to the Regional or City Solicitors as applicable. Further Assurances 49. The Owner shall execute such further assurances of the rights hereby granted as deemed necessary by the Region and the City. Notices 50. (1) Any notice to the Owner shall be in writing and shall be delivered to the following address: Triple Properties 186 Bartley Drive Toronto Ontario M4A 1E1x Tel: (416) 751-4242 steve@tripleproperties.com Attention: Mr. Steve Apostolopoulos Fax No. (416) 750-8884 Notice shall be sufficiently given if, (a) delivered in person; (b) sent by registered mail; or (c) sent by facsimile transmission or email during normal business hours on a business day. (3) Each notice sent shall be deemed to have been received, (a) on the day it was delivered; (b) on the third business day after it was mailed (excluding each business day during which there existed any general interruption of postal services due to strike, lockout or other cause); or - 56 - 16 | P a g e (c) on the same day that it was sent by facsimile transmission or by email or on the first business day thereafter if the day on which it was sent by facsimile transmission was not a business day. (5) The Owner may change its address for notice by giving notice to the Region’s Clerk in the manner provided in this Section. Recitals 51. The Recitals contained in this agreement are true and correct and are legally binding and form a true part of this agreement. Electronic and Counterpart Signatures 52. This Agreement and any Ancillary Agreements may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement or document. A signed copy of this Agreement or any Ancillary Agreement transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such Ancillary Agreement for all purposes. Interpretation 53. Notwithstanding anything else in this agreement, where this agreement requires the approval of any of the Region or the City, or where the words “as the case may be” are utilized, or where there is a requirement for the Owner to pay money, post security, indemnify anyone, provide insurance, or allow entry to the Lands, those phrases and actions shall be interpreted as applying only to the municipality having jurisdiction over the Exclusive Works, or the Non-Exclusive Works, or any part thereof. - 57 - 17 | P a g e IN WITNESS WHEREOF the parties have executed this Agreement and if required may do so with counterpart signatures. OWNER 2020/ / Name: Title: 2020/ / Name: Title: I/We have authority to bind the Corporations - 58 - 18 | P a g e THE REGIONAL MUNICIPALITY OF DURHAM 2020/ / John Henry, Regional Chair and CEO 2020/ / Ralph Walton, Regional Clerk THE CORPORATION OF THE CITY OF PICKERING 2020/ / 2020/ / ENCUMBRANCER 2020/ / Name: Title: 2020/ / Name: Title: - 59 - 19 | P a g e SCHEDULE A Solicitor’s Certificate TO: THE REGIONAL MUNICIPALITY OF DURHAM (the “Region”) I, , a Solicitor duly qualified to practice law in the Province of Ontario, do hereby certify that the Owner is the owner in fee simple of the Lands and that there are no mortgages or other encumbrances upon the Lands or any part thereof save and except the following: x I further certify that the Owner is the owner in fee simple of the lands to be conveyed to the Region as set out in Schedule B and that there are no mortgages or other encumbrances upon such lands or any part thereof save and except the following: x This Certificate is given by me to the Region for the purpose of having the Region act in reliance on it in executing the Servicing Agreement dated , 2020 and for certifying title to the Lands and the lands set out in Schedule B. DATED at , Ontario, this day of , 2020. ____________________________________ Solicitor - 60 - 20 | P a g e SCHEDULE B Lands and Interests to be Conveyed to the Region or the City To be determined by the Required Studies. - 61 - 21 | P a g e SCHEDULE “C” REQUIRED STUDIES Transportation Study: The Owner shall complete and submit, to the Region’s and the City’s satisfaction and approval, as the case may be, a thorough assessment of the transportation impacts (“Transportation Study”) associated with the proposed development, and accordingly identify mitigating road infrastructure requirements, transit service enhancements and supporting Transportation Demand Management (TDM) measures. A Terms of Reference and timeline for the completion of the Transportation Study, shall be developed at the outset to the Region’s or City’s satisfaction, as the case may be, and in consultation with the Region to guide the Transportation Study. The Region’s “Traffic Impact Study Guidelines”, dated March 2010, shall be used as the initial basis for developing the Terms of Reference. Additionally, this Transportation Study shall identify mitigating measures that are required exclusively as a result of the development of the Lands and those mitigating measure that are not exclusively the result of such development, along with the estimated costs of all such measures, exclusive and non-exclusive. For any non-exclusive mitigating measures identified by the Transportation Study, the Transportation Study shall also identify the extent to which the development of the Lands is responsible for and/or benefits from the mitigating measure and the proposed apportionment of the costs. Finally, upon completion of the study, a timeline shall be established , and a construction management plan prepared for the design, construction and implementation of the Exclusive Works to the Region’s or the City’s satisfaction and approval, as the case may be. Water and Sewer Study: The Owner shall complete and submit, to the Region’s satisfaction and approval, a thorough assessment of the servicing (sanitary sewage servicing and water supply servicing) impacts (“Servicing Study”) associated with the proposed development, and accordingly identify any required servicing improvements required to the Region owned water supply system and sanitary sewage conveyance system. A Terms of Reference and timeline for the completion of the Servicing Study shall be developed at the outset, to the Region’s satisfaction and in consultation with the Region to guide the Servicing Study. At a minimum, the sanitary sewage servicing component must address:  A review of the capacity of the downstream Jodrel Road sanitary sewage pumping station.  A review of capacity of the forcemain downstream of the Jodrel Road sanitary sewage pumping station. - 62 - 22 | P a g e  A review of capacity at the sanitary sewers between the Durham Live lands and Jodrel Road sanitary sewage pumping station; and  May include a review of the proposed intensification on the north side Highway 401, east of Brock Road. Additionally, this Servicing Study shall identify mitigating measures that are required exclusively as a result of the development of the Lands and those mitigating m easure that are not exclusively the result of such development, along with the estimated costs of all such measures, both exclusive and non-exclusive. For any non-exclusive mitigating measures identified by the Servicing Study, the Servicing Study shall also identify the extent to which the development of the Lands is responsible for and/or benefits from the mitigating measure and the proposed apportionment of the costs . Finally, upon completion of the Servicing Study, a timeline shall be established, and a construction management plan prepared for the design, construction and implementation of the Exclusive Works to the Region’s satisfaction and approval. - 63 - Report to Council Report Number: FIR 02-20 Date: October 26, 2020 From: John Hagg Fire Chief Subject: Durham Farm 911 Project - The Emily Project - File: A-1440-001-20 Recommendation: 1. That Council adopt the funding agreement set out by the Region of Durham to supply the City of Pickering with $31,800 to purchase rural address markers for secondary access points to rural properties; 2. That City of Pickering staff provide for the installation and GIS location for each sign requested; 3. That the Mayor and City Clerk be authorized to execute the Durham Farm 911 Funding Agreement as set out in Attachment #2 to Report FIR 02-20; subject to minor revisions as may be required by the Fire Chief and the Director, Corporate Services & City Solicitor; and 4. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Executive Summary: On February 26, 2020, Region of Durham Council approved a $300,000 program for the implementation of the Durham Farm 911 project. This was as a result of the 2019 recommendations of an inter-municipal group consisting of municipal and regional staff. The funds are to be distributed to area municipalities to ensure greater coverage of 911 signage at vacant properties and secondary entrances of rural properties. The funding allocation being provided to the City of Pickering is $31,800 based on data on rural properties provided, and the benchmark cost of each sign ($60). Financial Implications: The cost of the signs is financed through funds provided by the Region of Durham for which $31,800 is allocated to the City of Pickering. Installation of the signs would require a site visit by City Engineering Services staff for GIS location coordinates, and a site visit by City Community Services staff to install the sign and mounting post. Installation of signs are on a request only basis by the property owner. Therefore, costs to the City to implement this initiative would amount to staff time to mount the signs, plot the locations and add the numbers and locations to our maps for use by emergency services personnel. - 64 - FIR 02-20 October 26, 2020 Subject: Durham Farm 911 Project Page 2 Discussion: The Durham Farm 911 initiative was established to provide 911 address signage for secondary entrances and vacant properties in Durham Region. The project was initially developed in Hastings County after a 7 year old girl named Emily tragically lost her life in a farming accident. First responders had a difficult time locating her as the 911 call onl y displays the location of the entrance to the dwelling on the property, and Emily was located in an area on the property that was accessible from another entrance. The Emily project has been adopted by several other municipalities in Ontario including Prince Edward County and Quinte West. The Region of Durham is providing financing for the manufacture and supply of signs for each municipality in the region based on data provided by each municipality (see Attachment #3 Farm 911 Municipal Consultations, Page 3). The sole purpose of the signage is to identify an alternative means of entry onto a rural property where emergency assistance may be needed that is accessible to emergency response vehicles. Attachments: 1. Farm 911 Project – 2020 Regional Funding Allocation 2. Durham Farm 911 Funding Agreement 3. Farm 911 Municipal Consultations Prepared By: Approved/Endorsed By: Steve Boyd John Hagg Deputy Fire Chief Fire Chief SB:jm Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Interim Chief Administrative Officer Original Signed By: Original Signed By: Original Signed By: - 65 - TO: Marisa Carpino, Interim Chief Administrative Officer – City of Pickering FROM: Mary Simpson, Director of Risk Management, Economic Studies and Procurement DATE: August 17, 2020 RE: Farm 911 Project – 2020 Regional Funding Allocation On February 26, 2020, Regional Council approved a $300,000 funding program for the implementation of the Farm 911 project . This was the result of the 2019 recommendations of the inter-municipal working group of area municipal and Regional staff (please see attached memo of November 5, 2019). The funds are to be distributed to area municipalities to ensure greater coverage of 911 signage at vacant properties and secondary entrances of rural properties. The funding allocation, in 2020, being provided to the City of Pickering is $31,800. The estimated need for 911 signage, as well as the funding allocation, differs across municipalities as some areas require more signage than others. The estimated need for each municipality was based on information provided by both the local area municipality and Regional staff, as well as a benchmark cost of $60 per sign. SIGN CRITERIA AND REGIONAL SHOP SERVICES The attached funding agreement sets out the criteria for signage and installation. Please note that it will be the responsibility of the individual municipality to ensure that all signage is in conformity with any local sign by- law. The use of the Regional sign shop is available to produce signage , upon request, at an estimated cost of $60 per sign. If you would like to utilize the services of the Regional sign shop, please contact Joe Cafarelli, Assistant Field Services Superintendent, Traffic Engineering and Operations, at 905- 666-8116 ext. 4705, or by email at joe.cafarelli@durham.ca. NEXT STEPS The terms and conditions associated with the funding allocation are provided in the attached funding agreement. Please sign and return the funding agreement to Mary Simpson, Director of Risk Management, Economic Studies and Procurement, at mary.simpson@durham.ca. Once the signed agreement has been returned, the funding allocation will be dispersed. Regional staff will be working with the Federation of Agriculture and the Regional communication group along with our Economic Development colleagues to develop a promotion campaign to encourage interest in improved 911 signage on vacant properties and for secondary entrances on Attachment #1 to Report FIR 02-20 - 66 - Page 2 rural properties. Once details are known, we will share the communication plan with the area municipal working group. Respectfully submitted, ______________________ Mary Simpson, CPA, CMA, MA Director of Risk Management, Economic Studies and Procurement C.C: Elaine C. Baxter-Trahair, Chief Administrative Officer Nancy Taylor, Commissioner of Finance Janet Galipeau, DRPS Jeffrey Jordison, RDPS Colleen Goodchild, Planning Steve Kemp, Works Amanda Spencer, Works Gord Weir, Clarington Fire Simon Gill, Economic Development Rob Halko, CS-IT Paul Davidson, Finance Steve Fowlds, Chief Fire Prevention Officer Jill McMullen, Co-ordinator, Geomatics - 67 - 1 Attachment #2 to Report FIR 02-20 Durham Farm 911 Funding Agreement THIS AGREEMENT made this ________ day of ___________________, 2020 B E T W E E N: CITY OF PICKERING (hereinafter called the “Recipient”) - and - THE REGIONAL MUNICPALITY OF DURHAM (hereinafter called the “Region”) WHEREAS the Durham Farm 911 initiative is between the Region and the Recipient and aims to provide 911 signage for secondary entrances and vacant properties in rural areas in Durham Region; AND WHEREAS the Recipient is willing to undertake the activities required in a manner that meets the mandatory criteria and core intent of the Regions Farm 911 initiative (the Project); AND WHEREAS the Project funding being provided by the Region, to the Recipient, is in the amount of $31,800; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants herein contained and other good and valuable consideration, the parties hereby agree as follows: 1. Term of Agreement Subject to any extension or termination of this Agreement or survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, to completion of the Project and to the satisfaction of all reporting requirements of the Farm 911 funding program. Any extension or termination of this agreement, at the request of the recipient, will require 30 days’ written notice from the Recipient to the Region. 2. Eligible Costs Eligible Costs are all direct costs that are properly and reasonably incurred and paid by the Recipient under a contract for goods and services necessary for the implementation of the Project and capped at the amount of funding provided by the Region to the Recipient. Eligible costs are the costs of procuring, installing, and documenting in whole, the Project, as determined by the Region and do not include staff costs of the Recipient. - 68 - 2 3. Farm 911 Program Criteria The Recipient shall ensure the Project is completed in a manner that meets the following criteria: “The installation and documentation of reflective, double-sided 911 signage at unmarked vacant properties and secondary property entrances in rural areas, with signs to be positioned such that they are visible from the roadway but not at risk of damage from road maintenance activities. All installations are to be documented with a GPS location and date- stamped photo of the installed signs and entrances.” 4. Financial Assistance The Financial Assistance provided by the Region is intended for and shall be used only for Eligible Costs incurred by the Recipient. Regional financial assistance for the Project shall be provided in the amount of $31,800 and will be disbursed, in whole, upon execution of this agreement. If the Recipient does not expend the full amount of financial assistance, the Recipient will return all unexpended funds to the Region. If the Recipient installs 911 signage on third party owned property using these funds, the Recipient shall remain responsible for all the requirements identified in this agreement. 5. Procurement The Recipient agrees to use generally accepted public procurement practices in connection with the Project. 6. Ownership and Maintenance Responsibilities The Region shall not own 911 signage installed using these funds nor be responsible for any ongoing future maintenance, repair, and replacement costs for the signage. Ownership will be the responsibility of the Recipient. 7. Information, Reporting Requirements & Post-project Reviews The Recipient agrees that it shall provide the Region a final detailed post project report with supporting documentation, which will include how the funds were spent, the GPS location and the number of 911 signs provided, completed installation dates, photo documentation of installations and entrances and any other information as requested by the Region to confirm adherence to this Agreement. The Recipient also agrees to provide a financial statement of final costs signed by the Recipient’s Treasurer as part of the final post project review. In addition, the Recipient shall submit to the Region in writing any additional information with respect to the progress of the Project that may be requested - 69 - 3 by the Region or of which the Recipient becomes aware that may affect the Project’s completion. The Recipient shall supply to the Region, upon request, such information in respect of the Project and its results including, without limitation, all contracts and agreements related to the Project, all plans and specifications related to the Project, and copies of invoices as the Region may require. The Recipient represents it shall not provide any false or misleading information to the Region under this Agreement. 8. Financial Accountability and Auditing The Recipient shall keep and maintain all financial records, invoices and other financially-related documents relating to the financial assistance in a manner consistent with generally accepted accounting principles, and shall maintain such records and keep them available for review by the Region for period of seven (7) years from the date of termination of this Agreement. The Region, their respective agents and employees, including its external auditor shall be allowed access to the Recipient ’s premises and to the Project site at all reasonable times to (i) inspect the progress and monitor the Project; (ii) perform cost reviews and audits on the Project; and (iii) complete any other auditing or monitoring that may be reasonably required in rel ation to the Project. 9. Insurance During the term of this Agreement, the Recipient will provide in full force and effect, a commercial general liability insurance policy in the amount of at least FIVE MILLION ($5,000,000) DOLLARS providing for, without limitation, coverage for personal injury, public liability and property damage naming the Region as an additional insured. The Recipient shall, upon request by the Region, provide the Region with proof of such insurance forthwith. 10. Indemnification The Recipient shall indemnify and hold harmless the Region, their employees, and agents from and against all claims, demands, costs, losses, expenses, damages or liabilities incurred as a result of a claim, suit or proceeding arising out of or in connection with this Agreement, where the claim, suit, or proceeding is caused by the negligence of the Recipient, their officers, employees or agents in connection with the obligations performed, purportedly performed or required to be performed under this Agreement. 11. Communications and Promotions The Region reserves the right to develop communication products regarding the Project in respect to this agreement. The Recipient shall participate and comply with any communications requests the Region. - 70 - 4 12. General This Agreement, including any amendments and supplements hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes all prior or contemporaneous agreements, negotiations, representations, proposals, discussions and understandings, oral or written, relating to the subject matter hereof. This agreement may be amended, supplemented or modified only by written instrument, signed by each of the parties hereto. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. All notices required or permitted to be given under this Agreement shall be in writing and either delivered personally or by pre -paid courier or transmitted by facsimile or other similar means of confirmed electronic communication, to the Region at: Attention: Regional Clerk 605 Rossland Road. East Whitby, ON L1N 6A3 and to the Recipient at: Attention: City of Pickering Municipal Office One The Esplanade Pickering, Ontario L1V 6K7 or to such other address and facsimile number as either party may notify to the other from time to time. All notices shall be effective when actually received. The relationship of the parties shall be that of independent contractors. Nothing in this Agreement shall be interpreted to create any partnership, joint venture, or similar relationship, or subject the parties to any implied duties or obligations respecting the conduct of their affairs which are not expressly stated herein. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and permitted assigns. This Agreement may not be assigned by the Recipient, except with the prior written consent of the Region. - 71 - 5 The failure of either party at any time to require performance of any provision shall not affect the right to require performance at any other time, nor shall the waiver by either party of a breach of any provision be a waiver of any succeeding breach or a waiver of the provision itself. If any provision of the Agreement is declared illegal, void or unenforceable for any reasons, such provision shall be severed from the balance of this agreement and the remaining provisions hereof shall continue in full force and effect. Signed and dated this _______________ day of _____________________, 2020. The City of Pickering (Recipient) ______________________________ David Ryan, Mayor ______________________________ Susan Cassel, City Clerk The Regional Municipality of Durham ______________________________ John Henry, Regional Chair and CEO ______________________________ Ralph Walton, Regional Clerk - 72 - Attachment #3 to Report FIR 02-20 - 73 - Interoffice Memorandum Date: November 5, 2019 To: Elaine C. Baxter-Trahair, Chief Administrative Officer From: Mary Simpson, Director of Financial Planning and Purchasing Subject: Farm 911 Municipal Consultations PURPOS.E This briefing provides a series of preliminary draft recommendations regarding next steps for the Farm 911 project, including a request for $300,000 in project funding to be included in the Region's 2020 non-departmental budget. This briefing also provides a summary of Farm 911 project consultations that have taken place with both staff of area municipalities within Durham Region, and an internal working group consisting of staff from Finance, Works, Planning, Economic Development, CS-IT, DRPS, and RDPS. . RECOMENDATIONS Based on the discussions with area municipal staff, and supported by the Regional staff team of Finance, Works, Planning, Economic Development, CS-IT, DRPS, and RDPS, the following recommendations are proposed. Recommendation 1: That the Farm 911 project be established for 2020-2021 implementation. Recommendation 1 Details: The Farm 911 project will involve the supply and installation of 911 signage across the local area municipalities. The Region will budget a funding allocation (subject to Council approval) to be disbursed to local area municipalities, which will provide them with the financial resources needed to provide signage for secondary entrances and vacant properties in rural areas. Secondary entrances and vacant properties will be the initial priority; however, municipalities may allocate resources to additional priority locations as funding permits. Recommendation 2: Regional Corporate Communications support the project at key milestones in 2020. This includes facilitating awareness of the project and targeting the farming community through the Durham Region Federation of Agriculture, with the objective of reaching rural residents more broadly. - 74 - 2. Recommendation 2 Details: At key points in the 2020-2021 initiative, including before sign installations begin and after installations are complete, communications with rural residents, and the farming community in particular through the Durham Region Federation of Agriculture, will be necessary to facilitate a common understanding of the importance of 911 signage and best practices regarding maintaining entrances, signage and awareness among farming staff of entrance numbers. Ongoing communications efforts related to Farm 911 and rural safety will also be a key success factor to ensure the sign coverage is maintained. Recommendation 3: It is recommended that a Regional funding program for area municipalities be established to ensure greater coverage of 911 signage at vacant properties and secondary entrances of rural properties. It is further recommended that the program be funded through a $300,000 provision in the Region's 2020 non-departmental budget, subject to Council approval. Recommendation 3 Details: Area municipal staff have communicated that fiscal constraints are the greatest barrier to initiatives that would ensure greater coverage of 911 signage. Area municipalities that potentially have the greatest need for signage in rural areas appear to have the lowest capacity to address their needs. It is recommended that the program initially target vacant rural properties and secondary entrances of rural properties to address the primary concerns of the Durham Region Federation of Agriculture. Deploying signs in bulk, through systematic area municipal-led initiatives, is recommended as this approach would ensure timely and thorough implementation of signage. Other strategies that would rely on property owners to acquire signage at their discretion, and potentially at their cost, through voluntary application processes are expected to result in a slower and incomplete expansion of coverage. It is suggested that the recommended approach would be relatively cost efficient. Based on information from area municipal staff, it is estimated that the cost of deploying signs on an ad-hoc basis is approximately $100 per sign, considering the cost of a sign and staff time for delivery and installation. Meanwhile, through strategically deploying signs through a contracted two-month "blitz", the Town of Whitby was able to deploy hundreds of signs at a cost of approximately $60 per sign this year. Estimates of area municipalities' initial needs and the estimated associated costs are shown below. - 75 - 3. Estimated Sign Deployment Need Municipality (# signs) Estimated Cost City of Pickering 530 $31,800 Town of Ajax 75 $4,500 Town of Whitby 385 $23,100 City of Oshawa 230 $13,800 Municipality of Clarington 780 $46,800 Township of Uxbridge 1,000 $60,000 Township of Scugog 1,000 $60,000 Township of Brock 1,000 $60,000 Total 5,000 $300,000 Note: Staff from Pickering, Ajax, Whitby, and Clarington provided estimates of their local needs, while the needs of other municipalities have been estimated based on information provided by Regional GIS staff. A benchmark cost of $60 per sign has been used for the above estimates. It is suggested that the requested provision be solely for the cost of acquiring signs and third-party installation services, while area-municipalities would be responsible for all other costs associated with deployment, including costs associated with identifying and documenting unsigned properties to be addressed. During consultations, some area municipal staff suggested that such inventory work could be performed by summer students, GIS staff, or as part of regular road inspection duties. Recommendation 4: That the Region offer to provide in-kind support to area municipalities for joint procurement of sign installation services, and that the Region also offer to provide sign manufacturing services through its sign shop, on a cost-recovery basis. Recommendation 4 Details: It is suggested by the Regional Works Department that area municipalities may be able to minimize their sign installation costs through a joint procurement initiative led by Regional procurement staff. Furthermore, the cost of acquiring signs could be minimized if they were produced on a cost-recovery basis at the Region's sign shop. Recommendation 5: That staff further investigate, as suggested by CS-IT, the feasibility of developing a crowdsourcing application that would enable property owners to conveniently request 911 signage for their secondary entrances, or report damaged or missing signage in the future. Recommendation 5 Details: The recommended investigations into a crowdsourcing tool are in alignment with the Region's push towards innovation that modernizes customer service. Finance staff have consulted with Regional CS-IT staff who agrees that the Farm 911 project is an appropriate opportunity to deploy crowdsourcing technology that the Region has access to. - 76 - 4. It has been envisioned that such a tool would allow users to use their mobile device to submit the GPS coordinates of their entrance(s), entrance pictures, personal information and information about their property (including potential hazards), to request a sign installation. Property and entrance information would then be pushed to 911 dispatch systems, for first responder use. The goal of the tool would be to make the request for 911 sign age as easy as possible for property owners in the future. Recommendation 6: Expand discussions with the local area municipalities regarding the implementation of . identified best practices. Recommendation 6 Details: A number of suggested best practices were uncovered during the course of the area municipal consultations. These include: 1. Identification of missing or damaged 911 signs, on local and regional roads, should become part of regular local area municipal inspection procedures. Area municipalities could then replace signs or request property owners to have their signs replaced ... 2. Continued collaboration with Regional Works and CS-IT on project implementation. 3. Public facilities, including park pathways and trail entrances should be considered for signage. 4. If not already signed, stormwater ponds should be assigned 911 signage. 5. Assigning 911 signage within residential development projects during the construction phase. CONSULTATIONS OVERVIEW Representatives from the Durham Region Finance Department travelled to each local area municipality to meet with staff and discuss the Farm 911 project (see Attachment 1 for consultation dates and participants). The consultations involved area municipal staff members of various disciplines, including planning, by-law enforcement, geomatics and fire services. The goal of the consultations was to gain insights regarding gaps in current 911 signage and potential solutions. Discussions topics included: • Current processes for implementing 911 signage • Available information on current sign coverage • Identification of unsigned municipal, conservation or crown land access points • Approaches to ensuring that more safe and accessible entrances to vacant or public properties and "secondary" property entrances are marked with well- maintained GPS locatable 911 signs. Encouragingly, throughout all consultations, area municipal staff expressed their support for increased 911 sign coverage throughout rural areas of Durham. Important take-aways from the discussions include: - 77 - 5. • The deployment of a 911 sign at a rural property is typically triggered through the building permit process. Owners of vacant properties or properties with secondary entrances are able to request 911 signs in most municipalities, but processes, fees, and installation responsibilities vary from one municipality to another and requests are infrequent. • Current sign coverage varies across all municipalities. Some municipalities were able to provide estimates on the number of unsigned entrances within their municipalities, but coverage is not well understood in some municipalities and inventory work would be necessary to scope gaps in coverage. • In some municipalities, there is no 911 signage at the entrances of, or within, Conservation Areas and Crown Lands. Area municipal staff voiced support for a coordinated communications effort targeting Conservation Authorities and senior governments to ensure entrances to lands are marked, and best practices with regards to trail marking is followed. Other key access points, such as boat launches, storm water ponds or entrances to walking paths were identified by some municipalities as a priority for 911 signage. • Area municipalities have set standards for driveways that access the road network, but there are property entrances throughout the Region that are not permitted, especially in rural areas. Municipal staff saw value in collecting information on whether marked entrances meet standards that would accommodate emergency vehicles but noted that maintaining up-to dale information on the entrances would pose a challenge. Responders would need to assess risks related to entrances upon arrival, regardless of information they have in advance. It was also noted that responders are able to access locations using All Terrain Vehicles (A TVs) or by foot in instances when entrances cannot be safely passed by large vehicles. For this reason, there is value in marking property entrances regardless of their suitability for large vehicles. • While some fire departments have or are acquiring tablet technology for their vehicles, others rely on radio communication and information they print before leaving on an emergency call. Dispatch systems do maintain information regarding properties including details regarding hazards, outbuildings and even pictures. • While some municipal staff suggested that uniform colouring of signage across all municipalities should be a priority of the project (including Regional EMS), or that secondary entrance signs should be coloured differently than primary entrances, others suggested that as long as signs clearly mark an entrance with a GPS locatable number, the colour is not of importance. - 78 - 6. NEXT STEPS Consultations with staff of the Crisys dispatch centre located in Oshawa are planned. Timely decisions regarding the above recommendations are necessary as the Region and area municipal budget processes are currently proceeding. With your permission, we will proceed with the above recommendations as well as prepare a similar briefing for you to send to the area Municipal CAO's. Respectfully submitted, l'/a,u,fA.i>-s;;;::,'77~~r--_., pson, , CMA, MA Director of Financial Planning & Purchasing, Finance Department Approved La3a-ld'er-~ Elaine C. Baxter-Trafiair Chief Administrative Officer C.C: Steve Jones, DRPS Jeffrey Jordison, RDPS Colleen Goodchild, Planning Steve Kemp, Works Amanda Spencer, Works Gord Weir, Clarington Fire Simon Gill, Economic Development Rob Halko, CS-IT Nancy Taylor, Finance Paul Davidson, Finance Andrew Wismer, Finance Nicole Pincombe, Finance Memo To: Susan Cassel City Clerk October 20, 2020 From: Catherine Rose Chief Planner Copy: Manager, Policy & Geomatics Principal Planner, Policy Subject: By-law to adopt Amendment 36 to the Pickering Official Plan Official Plan Amendment Application OPA 19-002/P City Initiated Official Plan Amendment for Drinking Water Source Protection Conformity to the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan Adopting By-law 7787/20 for Official Plan Amendment Application OPA 19-002/P. Statutory Public Meeting Date June 17, 2019 Planning & Development Committee Date Recommendation Report PLN 19-20 October 5, 2020 Purpose and Effect of Adopting By-law 7787/20 for Official Plan Amendment Application OPA 19-002/P To adopt Amendment 36 (Drinking Water Source Protection) to the Pickering Official Plan; Conformity to the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan Council Meeting Date October 26, 2020 Note: In accordance with the direction of the Planning & Development Committee at its October 5, 2020 meeting, the attached By-law 7787/20 is as set out in Appendix l to Report PLN 19-20, including the changes outlined in the revised pages attached to the Memorandum from the Director, City Development & CBO, dated October 5, 2020 to Mayor Ryan and Members of Council in relation to Report PLN 19-20. MK:ld J:\Documents\Development\D-3100\2019\OPA 19-002P\Memos\Oct 26-2020 By-law to Council\By-law Chart Memo to Clerks.docx Attachments: By-law 7787/20 Exhibit ‘A’ to By-law 7787/20 Original Signed By Catherine Rose - 79 - The Corporation of the City of Pickering By-law No. 7787/20 Being a by-law to adopt Amendment 36 to the Official Plan for the City of Pickering (OPA19-002/P) Whereas pursuant to the Planning Act, R.S.O. 1990, c.p. 13, subsections 17(22) and 21(1), the Council of the Corporation of the City of Pickering may by by-law adopt amendments to the Official Plan for the City of Pickering; Whereas pursuant to Section 17(10) of the Planning Act, the Minister of Municipal Affairs and Housing has by order authorized Regional Council to pass a by-law to exempt proposed area municipal official plan amendments from its approval; Whereas the Clean Water Act, 2006, directs The Corporation of the City of Pickering to prepare and adopt an amendment to its Official Plan to bring the City of Pickering Official Plan into conformity with the significant threat policies and designated Great Lakes policies set out in the Credit Valley, Toronto and Region, and Central Lake Ontario (CTC) Source Protection Plan; Whereas the Region has advised that, in accordance with By-law 11-2000, Amendment 36 to the City of Pickering Official Plan is exempt from Regional approval; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.That Amendment 36 to the Official Plan for the City of Pickering, attached hereto as Exhibit “A”, is hereby adopted; 2.That the City Clerk is hereby authorized and directed to forward to the Regional Municipality of Durham the documentation required by Procedure: Area Municipal Official Plans and Amendments; 3.This By-law shall come into force and take effect on the day of the final passing hereof. By-law passed this 26th day of October, 2020. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 80 - Exhibit “A” to By-law 7787/20 Amendment 36 to the City of Pickering Official Plan - 81 - Amendment 36 to the Pickering Official Plan Purpose: The purpose of Amendment 36 is to amend the City of Pickering Official Plan to bring it into conformity with the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan, March 25, 2019 (CTC SPP) in accordance with the Clean Water Act, 2006. Location: The Amendment contains policies that apply city-wide including rural and urban areas and establishes protection zones around municipal wells located in The Town of Whitchurch-Stouffville; protection zones for the Ajax Water Treatment Plant; and identifies areas where aquifers are sensitive. Basis: The Clean Water Act, 2006 enabled the establishment of Source Protection Regions and Areas throughout the province to address threats to municipal groundwater supplies (drinking water wells) and municipal surface wate r supplies (drinking water intakes). Each Source Protection Committee is responsible for the development of: Assessment Reports that, based on technical studies, identify and assess threats to municipal drinking water systems; and Source Protection Plans that have detailed policies on how to address those threats. The City of Pickering is within the Credit Valley, Toronto and Region, and Central Lake Ontario (CTC) Source Protection Region. The CTC Source Protection Plan came into effect December 31, 2015, and was subsequently amended in March of 2019. The policies in each Source Protection Plan have been written to ensure that for every area identified in an Assessment Report as an area where an activity is, or would be, a significant drinking water threat, the activity never becomes a significant drinking water threat or ceases to be a significant drinking water threat. Municipalities are required to amend their Official Plans to conform to the applicable Source Protection Plan. The City’s Official Plan must therefore be amended to conform to the Clean Water Act, 2006 and the policies of the CTC Source Protection Plan. Actual The City of Pickering Official Plan is hereby amended by: Amendment: (New text is shown as underlined text, deleted text is shown as strikeout text, and retained text is shown as unchanged text.) 1. Revising Schedule III D – Resource Management: High Aquifer Vulnerability, Groundwater Recharge Areas to reflect additional Significant Groundwater Recharge Areas and Highly Vulnerable Aquifers identified in the Toronto and Region Assessment Report, March 25, 2019 as illustrated on Schedule “A” attached to this Amendment, and rename Schedule III D – Resource Management: High Aquifer Vulnerability, Groundwater Recharge Areas to Schedule lll D: Highly Vulnerable Aquifers, Significant Groundwater Recharge Areas. - 82 - Amendment 36 to the Pickering Official Plan Page 2 2. Adding new Schedule III F – Resource Management: Vulnerable Areas to illustrate: Wellhead Protection Areas B, C and D (WHPA-B, WHPA-C and WHPA-D) associated with municipal drinking water wells in Whitchurch-Stouffville; York-Durham Wellhead Protection Areas – Water Quantity (WHPA-Q1/Q2); York-Durham Wellhead Protection Areas Q1/Q2 Downgradient Line; Intake Protection Zones 2 and 3 (IPZ-2, IPZ-3); and Event Based Areas (EBAs) as illustrated on Schedule “B” attached to this Amendment. 3. Revising City Policy 10.2, Resource Management Objectives, in Chapter 10 – Resource Management, by deleting “and” at the end of subsection (f); deleting the period “.” and adding “; and” at the end of subsection (g); and adding new subsection (h) as follows: “(f) coordinate with other levels of government, public and private agencies, and other groups to identify, research, protect, and manage the City’s natural resources, and institute regular environmental monitoring and reporting; and (g) involve the public, business-people, landowners, relevant public agencies, and other interested groups and individuals in resource management decisions affecting the City. ; and (h) protect water quality and water quantity for municipal drinking water systems.” 4. Revising City Policy 10.8, Stormwater Management, in Chapter 10 – Resource Management, to add a new subsection (a) (iii) as follows: “(iii) require that designated areas for snow storage are located where melting snow cannot carry contaminants and salt loads directly into Significant Groundwater Recharge Areas and/or Highly Vulnerable Aquifers; and” 5. Revising City Policy 10.13, Areas of Groundwater Protection, in Chapter 10 – Resource Management, by adding “/balance” following “water budget” in subsection (e), adding “and” at the end of subsection (f); deleting subsections (g) and (h), and adding a new subsection (g) as follows: “(e) require, where appropriate, the recommendations of a Hhydrogeology and Wwater Bbudget/balance Sstudy, Ggroundwater Iimpact Sstudy, Eenvironmental Rreport (see Sections 16.8 and 16.10), and any evaluation reports referenced in Section 16.14, as applicable, to be implemented; (f) despite Sections 10.13(b), (c) and (e), not require further studies addressing groundwater recharge or areas of high aquifer vulnerability Highly Vulnerable Aquifers, for proposed development that was addressed through the Master Environmental Servicing Plan for the Seaton Community; and (g) participate with other area municipalities as members of the Lake Ontario Collaborative Group to undertake actions or tasks to protect Lake Ontario as an important source of drinking water.; and - 83 - Amendment 36 to the Pickering Official Plan Page 3 (h) ensure that planning decisions conform with or are not in conflict with the policies of the approved Credit Valley, Toronto and Region and Central Lake Ontario Source Protection Plan.” (g) where development is proposed within a Significant Groundwater Recharge Area and/or a Highly Vulnerable Aquifer where the application of road salt would be a moderate or low drinking water threat, require the submission of a salt management plan as part of a complete development application to address the: (i) design of roads, sidewalks and parking lots in order to minimize the need for repeat applications of road salt, while maintaining public safety; and (ii) location of snow storage so that contaminants and salt loads from snow melt are not carried into Significant Groundwater Recharge Areas and/or Highly Vulnerable Aquifers. 6. Revising City Policy 10.17, Lake Ontario Waterfront and Frenchman’s Bay, in Chapter 10 – Resource Management, by deleting “and” at the end of subsection (f); deleting the period “.” and adding “; and” at the end of subsection (g); adding new subsection (h) as follows: “(f) encourage and support actions by public agencies and others to improve and restore the quality of Lake Ontario, including programs to address concerns regarding nutrient loads and the proliferation of invasive species, chemical contaminants and algae growth; and (g) require, where appropriate, that the recommendations of an Eenvironmental Rreport to be implemented (see Sections 16.8 and 16.10); and. (h) require that designated areas for snow storage are located where melting snow cannot carry contaminants and salt loads directly into a Significant Groundwater Recharge Area and/or Highly Vulnerable Aquifers. 7. Adding new policies 10.27, 10.28, 10.29, 10.30, 10.31 and 10.32 to the end of Chapter 10 – Resource Management as follows: “10.27 City Council recognizes that, in Vulnerable Areas around municipal drinking water wells, certain land use activities may pose a threat to water quality; accordingly, Council shall: (a) identify Wellhead Protection Areas (WHPA) on Schedule III F – Resource Management: Vulnerable Areas, which are intended to function as an overlay to the primary land use designations; - 84 - Amendment 36 to the Pickering Official Plan Page 4 (b) prohibit or restrict land uses within a WHPA-A, B and/or C which pose significant drinking water quality threat activities as identified in the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan; (c) where the application of road salt would be a moderate or low drinking water threat within a WHPA-B, C, D, require that the proponent submit a salt management plan as part of a complete application to address the: (i) design of roads, sidewalks and parking lots in order to minimize the need for repeat applications of road salt, while maintaining public safety; and (ii) location of snow storage so that contaminants and salt loads from snow melt are not carried into Significant Groundwater Recharge Areas and/or Highly Vulnerable Aquifers. 10.28 City Council recognizes that the Region of York, through an agreement with the Region of Durham, has assumed enforcement related to activities that may be a threat to water quality within any WHPA, associated with a municipal drinking water well in the Region of York; accordingly, Council shall: (a) require all applications made under the Planning Act, Condominium Act and Building Code Act within a WHPA-A, B and C in the City of Pickering to be circulated to the Region of Durham for submission to and review by the Region of York’s Risk Management Official. 10.29 City Council recognizes that, in Vulnerable Areas around municipal drinking water wells, certain land use activities that take water without returning it to the same source, or which reduce recharge to an aquifer in the York-Durham Wellhead Protection Area – Water Quantity (York-Durham WHPA-Q1/Q2) may be a threat to water quantity; accordingly, Council shall: (a) identify the York-Durham WHPA-Q1/Q2 on Schedule III F – Resource Management: Vulnerable Areas, which are intended to function as an overlay to the primary land use designations; (b) for lands within the York-Durham WHPA-Q1/Q2, deem the policies in this section to prevail in the event of a conflict with any other policy of this Plan; - 85 - Amendment 36 to the Pickering Official Plan Page 5 (c) only permit development within the York-Durham WHPA-Q1/Q2 with a significant risk level, as identified in the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan, if it does not require a new or amended Permit To Take Water; (d) notwithstanding Section 10.29 (c), permit new development within the York-Durham WHPA-Q1/Q2 that requires a new or amended Permit To Take Water if the relevant provincial ministry determines that the activity will not have a negative impact on the municipal water wells; (e) require a water balance study for major development which poses a significant threat to drinking water quantity, as identified in the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan, on lands north of the Downgradient Line within the York-Durham WHPA-Q1/Q2; (f) require major development which poses a significant threat to drinking water quantity, as identified in the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan, on lands north of the Downgradient Line within the York-Durham WHPA-Q1/Q2, to maintain pre-development recharge to the greatest extent feasible, based on a water balance study; (g) require major development which poses a significant threat to drinking water quantity, as identified in the Credit Valley, Toronto and Region, and Central Lake Ontario Source Protection Plan, on lands north of the Downgradient Line within the York-Durham WHPA-Q1/Q2, to implement and maximize off-site recharge, within another site within the York-Durham WHPA-Q1/Q2 to compensate for any predicted loss of recharge from the development, based on a water balance study; (h) require major development on lands south of the Downgradient Line within the York-Durham WHPA-Q1/Q2, to implement best management practices with the goal to maintain pre-development recharge rates, based on a water balance study; (i) encourage agricultural uses, agriculture-related uses and on- farm diversified uses with total impervious surfaces that do not exceed 10 percent of the total lot area, to implement best management practices such as low impact development methods with the goal to maintain pre-development recharge rates; (j) require small-scale development and agricultural uses, agriculture-related uses and on-farm diversified uses within the York-Durham WHPA-Q1/Q2, other than those identified in Section 10.29 (i), to implement best management practices with the goal to maintain pre-development recharge rates; and - 86 - Amendment 36 to the Pickering Official Plan Page 6 (k) require that a water balance study, as referred to in Sections 10.29 (e), 10.29 (f), 10.29 (g), and 10.29 (h), at a minimum, identifies recharge characteristics of the site, and anticipated long-term and short-term impacts of the proposed development; recommends measures to maintain pre-development recharge on site to the greatest extent feasible through best management practices; and, where pre-development recharge cannot be maintained on site, recommends measures to locate compensating recharge on another site within the York-Durham WHPA-Q1/Q2. 10.30 City Council recognizes that, in Vulnerable Areas around municipal surface water intakes, certain land use activities may pose a threat to water quality; accordingly, Council shall: (a) identify Intake Protection Zones and Event Based Areas on Schedule lll F, Resource Management: Vulnerable Areas, which are intended to function as an overlay to the primary land use designations; and (b) encourage the protection of these areas to support safe and clean drinking water sources. 10.31 City Council recognizes that within Highly Vulnerable Aquifers and Significant Groundwater Recharge Areas the handling and storage of dense non-aqueous phase liquid and organic solvent are considered a moderate and/or low drinking water threat; accordingly, Council shall encourage industrial, commercial and institutional land uses to follow best management practices to prevent their release into the environment. 10.32 Where there is a conflict between the policies of the Pickering Official Plan, Durham Regional Official Plan and the Source Protection Plan, the more restrictive policy shall apply.” 8. Revising City Policy 13.1, Preparation of Rural Settlement Plans, in Chapter 13 – Rural Settlements, by deleting “and” at the end of subsection (c); deleting the period “.” and adding “; and” at the end of subsection (d); and adding new subsection (e) as follows: “(c) indicate the location of new public road connections, where known, and endeavour to ensure the construction of such road connections through development proposals and government initiatives; and (d) indicate the general location of existing and new community facilities, where known, and endeavour to ensure the construction of such facilities through development proposals and government initiatives.; and - 87 - Amendment 36 to the Pickering Official Plan Page 7 (e) in addition to subsection (b), only consider amendments to rural settlement area boundaries that would result in an expansion into the York-Durham WHPA Q1/Q2 as part of a Regional municipal comprehensive review , where it has been demonstrated that recharge functions will be maintained on lands identified as Significant Groundwater Recharge Areas on Schedule III D – Resource Management: Highly Vulnerable Aquifers, Significant Groundwater Recharge Areas.” 9. Adding a definition for the term “Event Based Area (EBA)” in alphabetic order to Section 15.15, Glossary, in Chapter 15 – Implementation, as follows: “Event Based Area means the area delineated by a spill or “event”, such as a chemical or pathogen release, which might impact the drinking water intakes for the Great Lakes.” 10. Adding a definition for the term “Groundwater Recharge Area” in alphabetic order to Section 15.15, Glossary, in Chapter 15 – Implementation, as follows: “Groundwater Recharge Area means an area where an aquifer is preferentially replenished from natural processes, such as the infiltration of rainfall and snowmelt and the seepage of surface water from lakes, streams and wetlands; and from human interventions, such as the use of stormwater management systems. The Director’s rules will specify the acceptable methodology to determine groundwater recharge rates i.e., what qualifies as a significant groundwater recharge area.” 11. Adding a definition for the term “Groundwater Recharge Area, Significant” in alphabetic order to Section 15.15, Glossary, in Chapter 15 – Implementation, as follows: “Groundwater Recharge Area, Significant means an area within which it is desirable to regulate or monitor drinking water threats that may affect the recharge of an aquifer.” 12. Replace the term “groundwater recharge area” with “Significant Groundwater Recharge Area” as appropriate, throughout the Official Plan. 13. Replacing the terms “High Aquifer Vulnerability or High Vulnerable Aquifer” in Section 15.15, Glossary, in Chapter 15 – Implementation, with “Highly Vulnerable Aquifer and amend the definition as follows: “High Aquifer Vulnerability or Highly Vulnerable Aquifer means an aquifer on which external sources have or are likely to have a significant adverse effect, due to the permeability and thickness of overlying layers. Notwithstanding the foregoing, on the Oak Ridges Moraine, Highly Vulnerable Aquifer includes areas that are prescribed as “high aquifer vulnerability” in the Oak Ridges Moraine Conservation Plan.” - 88 - Amendment 36 to the Pickering Official Plan Page 8 14. Replace the term “high aquifer vulnerability” or “high vulnerable aquifer” with “Highly Vulnerable Aquifer” in the Table of Contents, the Index and subsections 10.13, 15.15, 16.5A, 16.14, and 16.43 of the Official Plan. 15. Adding a definition for the term “Intake Protection Zone” in alphabetic order to Section 15.15, Glossary, in Chapter 15 – Implementation, as follows: “Intake Protection Zone means the contiguous area of land and water immediately surrounding a surface water intake, which includes:  the distance of a 1 kilometer radius from the intake;  the area where a spill of a contaminant might reach the intake before the plant operator can respond;  the area associated with potential impacts from specific modelled scenarios.” 16. Adding a definition for the term “Vulnerable Area” in alphabetic order to Section 15.15, Glossary, in Chapter 15 – Implementation, as follows: “Vulnerable Area means an area defined as vulnerable, in accordance with provincial standards, by virtue of their importance as a drinking water source and includes; a groundwater recharge area, a highly vulnerable aquifer, a surface water intake protection zone, or a wellhead protection area.” 17. Adding a definition for the term “Wellhead Protection Area (WHPA)” in alphabetic order to Section 15.15, Glossary, in Chapter 15 – Implementation, as follows: “Wellhead Protection Area (WHPA) means the surface and subsurface area surrounding a water well or well field that supplies a municipal residential system or other designated system through which contaminants are reasonably likely to move so as to eventually reach the water well or well field. 18. Revising City Policy 16.5A in Chapter 16 – Development Review by deleting the text in subsection (xxxvi) and replacing it with new text; and adding a new subsection (xxxvii) as follows: (xxxvi) a water management plan verifying that there is sufficient water supply to support the proposed uses, and on a cumulative sustainable basis, confirm that there is no negative impact on surrounding water users and the natural environment which cannot be appropriately mitigated for development applications (excepting wetland restoration projects and domestic usage and livestock operations) that require a permit to take water under the Ontario Water Resources Act, or that have the potential to impact water quantity. a water balance study, as referred to in Sections 10.29 (e), 10.29 (f), 10.29 (g), 10.29 (h), and 10.29 (k); and - 89 - Amendment 36 to the Pickering Official Plan Page 9 (xxxvii) a salt management plan as referred to in Sections 10.13 (g), and 10.27 (c).” 19. Revising City Policy 16.5B in Chapter 16 – Development Review, by deleting “and” at the end of subsection (xxv); deleting the period “.” and adding a semicolon “;” at the end of subsection (xxvi); and adding new subsections (xxvii) and (xxviii) as follows: “(xxv) a construction management plan; and (xxvi) a railway corridor safety study. ; (xxvii) a water balance study, as referred to in Sections 10.29 (e), 10.29 (f), 10.29 (g), 10.29 (h), and 10.29 (k); and (xxviii) a salt management plan as referred to in Sections 10.13 (g) and 10.27 (c).” Implementation: The provisions set forth in the City of Pickering Official Plan, as amended, regarding the implementation of the Plan shall apply in regard to this Amendment. In light of the numerous components of the Official Plan that are being revised concurrently, the numbering of the policy sections in this amendment is subject to change in accordance with the sequencing of approvals. Interpretation: The provisions set forth in the City of Pickering Official Plan as amended, regarding the interpretation of the Plan shall apply in regard to this Amendment, except as revised by this amendment. OPA 19-002/P City Initiated - 90 - Highway 407 WhitesRoadFairport RoadGreenwoodRoadLiverpoolRoadRougemountDriveH ighw ay401Eighth Concession Road Brock RoadKingstonR o a d Finch Avenue Salem RoadCentral Street Sheppard Avenue Westney RoadWestShoreBoulevardKinsale RoadNorth RoadGlenan naRoad Sideline 14Notion RoadThird Concession Road Highway 7 Fifth Conc e ssion Road Altona RoadMaj or O a ksRoadMowbray StreetS trouds La n eP i c k er i ng P a rk w a yVal l eyFarmRoadDixie RoadSeventh Concession Road Whitevale Road Glendale DriveSquires Beach RoadYork Durham LineMarkham-Pickering Townline RoadPet er M at t hews Drive Twyn Rivers Drive Rosebank RoadClements Road Six t h Conc es s i on Road Montgomery Pa rkR o adBayly Street DillinghamRoad Ninth Concession Road Sideline 22Church Street SMcKay RoadSideline 20Taunton RoadFourthConcessionRoad Scarborough Pickering TownlineSideline 30Sideline 8Sideline 34Paddock RoadGolfClubRoadSideline 24Sideline 28Sideline 12Sideline 6Sideline 4Sideline 2Audley Road NSideline 32Sideline 16Sideline 26Sideline 26Brock RoadWestney RoadSideline 14Sideline 2Sideline 4Sideline 6Sideline 12Sideline 20Sideline 24Sideline 26Sideline 24North RoadAltona RoadWhites RoadSideline 28Seventh Concession RoadSideline 32C.P.R.Trans-Northern Pipelin e C.P.R.C.N.R.C.N.R.Trans-Canada Pipeline Greenwood Claremont Balsam ForestCreekEstates Spring Creek CherrywoodEastCherrywood West Whitevale Kinsale BarclayEstates Staxton Glen Green River Brougham 407 407 401 24 1 22 2 31 23 7 5 23 38 4 27 222 38 38 27 4 29 37 1 4 7 7 31 1 5 27 30 30 30 5 7 ¹Lake Ontario Resource Management:Highly Vulnerable Aquifers andSignificant Groundwater Recharge Areas Frenchman'sBay City of PickeringCity Development Department© August 2020This Map Forms Part of the Pickering Ofiicial Plan andMust Be Read in Conjunction with the Other Schedules and the Text. Schedule III D to the Edition 8 PickeringOfficial Plan Oak Ridges Moraine Significant Groundwater Recharge Areas (SGRA) Highly Vulnerable Aquifers (HVA) Schedule "A" - 91 - Greenwood Claremont Balsam Spring Creek CherrywoodEastCherrywood West Whitevale Kinsale BarclayEstates Staxton Glen Green River Brougham ¹Lake Ontario Frenchman'sBay City of PickeringCity Development Department© July 2020This Map Forms Part of Edition 8 of the Pickering Official Plan andMust Be Read in Conjunction with the Other Schedules and the Text. Schedule III F to the PickeringOfficial Plan Edition 8 Resource Management: Vulnerable Areas Schedule "B" Oak Ridges Moraine C.P.R.Event Based Areas (EBAs) EBAs Wellhead Protection Areas (WHPA) Water Quality Wellhead Protection Areas (WHPA) Water Quantity WHPA-B WHPA-C WHPA-D York-Durham WHPA-Q1/Q2Downgradient Line York-Durham WHPA-Q1/Q2 Intake Protection Zones (IPZ) IPZ - 2 IPZ - 3 - 92 - Memo To: Susan Cassel City Clerk October 20, 2020 From: Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design Subject: Amending By-law for Zoning By-law Amendment Application A 03/18 Metropia (Notion Road) Development Inc. 1865 Pickering Parkway City of Pickering Amending By-law 7788/20 Statutory Public Meeting Date June 18, 2018 Planning & Development Committee Date September 14, 2020 Purpose and Effect of By-law To rezone the subject lands from Mixed Use Speciality Retailing Node One – “MU-SRN-1” to Residential Horizontal – “RH”, Open Space – “OS” and Open Space Hazard Lands – “OS-HL”, to facilitate a residential condominium development consisting of 130 townhouse units located on the south side of Pickering Parkway west of Notion Road. Council Meeting Date October 26, 2020 Note: Based on further comments from the Toronto and Region Conservation Authority, the zone boundaries between the “OS-HL” zone and the “RH” zone on Schedule I have been further refined. In addition, the proposed building envelope on Schedule II has been adjusted, based on a detailed technical review of the submitted Site Plan Application. Attachments By-law 7788/20 Schedules I and II to By-law 7788/20 TB:ld J:\Documents\Development\D-3100\2018\OPA 18-002P, SP2018-03 & A003-18\Draft ZBA\By-law Chart Memo to Clerks.docx - 93 - The Corporation of the City of Pickering By-law No. 7788/20 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended by By-law 6549/05 and By-law 7176/11, to implement the Official Plan of the City of Pickering, Region of Durham, in Part Lot 17, Concession 1, Now Part of Lots 1, 2 and 3, Plan 40R-11413 in the City of Pickering. (A 03/18) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part Lot 17, Concession 1, Now Part Lot 1, 2 and 3, Plan 40R-11413 in the City of Pickering to permit 130 residential condominium townhouse units; And whereas an amendment to By-law 3036, as amended, is therefore deemed necessary; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules I and II Schedules I and II to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands in Part Lot 17, Concession 1, Now Part of Lots 1, 2 and 3, Plan 40R-11413, in the City of Pickering, designated “RH”, “OS”, and “OS-HL” on Schedule I to this By-law. 3. General Provisions No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Definitions In this By-law, (1) “Air Conditioner” means any mechanical equipment which is required for residential use and must be installed outdoors including central air conditioning units, heat pumps, heat exchange units, emergency generators and other such equipment. (2) “Balcony” means an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. - 94 - By-law No. 7788/20 Page 2 (3) “Basement” means a portion of a building below the first storey. (4) “Bay, Bow, Box Window” means a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which may or may not include a foundation; may or may not include a window seat; and may include a door. (5) “Building” means a structure occupying an area greater than 10.0 square metres and consisting of any combination of walls, roof and floor but shall not include a mobile home. (6) “Deck” means a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. (7) “Landscaped Area” shall mean an outdoor area on a lot comprising trees, plants, decorative stonework, retaining walls, walkways, stairs or other landscape or architectural elements, excluding aisles, areas for loading, parking or storing of vehicles, and private park. (8) “Lot” means an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision. (9) “Multiple Dwelling – Horizontal” shall mean a building containing three or more dwelling units attached horizontally by an above -grade wall or walls. (10) “Parapet Wall” means the portion of an exterior wall extending above the roof. (11) “Park, Private” shall mean a park which is maintained by a condominium corporation. (12) “Porch” means a roofed deck or portico structure attached to the exterior wall of a building, a basement may be located under the porch. (13) “Private Amenity Area” means an outdoor area located anywhere on a lot, or the roof of a parking structure, private garage or any other building which includes landscape area, but which may also include areas of decking, decorative paving or other similar surface and includes a balcony, porch, deck or rooftop terrace and which has direct access from the interior of the dwelling unit. (14) “Private Garage” means an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise. (15) “Rooftop Terrace” means an outdoor amenity area located on the roof of a building. - 95 - By-law No. 7788/20 Page 3 (16) (a) “Street” means a right-of-way or roadway that is used by vehicles and includes a public highway and a private street within a condominium. (b) “Street, Private” means: (i) a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation; (ii) a private road condominium, which provides access to individual freehold lots; (iii) a private right-of-way over private property, that affords access to lots abutting the private street, but is not maintained by a public body and is not a lane. (17) “Wall, Front” means a primary exterior wall of a building, not including permitted projections, which contains the primary entrance door. (18) “Structure” means anything that is erected, built or constructed of parts joined together with a fixed location on the ground, or attached to something having a fixed location in or on the ground and shall include buildings, walls or any sign, but does not include fen ces below six feet in height or inground swimming pools. (19) “Water Meter Building” means a building or structure that contains devices supplied by the Region of Durham which measures the quantity of water delivered to a property. 5. Provisions (“RH” Zone) (1) Uses Permitted (“RH” Zone) No person shall, within the lands zoned “RH” on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: a) Multiple-Horizontal Dwelling (2) Zone Requirements (“RH” Zone) No person shall within the lands designated “RH” on Schedule I attached hereto use any lot or erect, alter or use any building except in accordance with the following provisions: a) Building Location and Setbacks: (i) No building or part of a building, or structure shall be erected outside of the building envelope as illustrated on Schedule II attached hereto; - 96 - By-law No. 7788/20 Page 4 (ii) No building or portion of a building or structure shall be erected within the build-to-zone, unless a minimum of 60 percent of the entire length of the build-to-zone is occupied by a portion of the exterior wall of a building; (iii) The minimum separation distance between the front wall of a building or a dwelling where it faces the front wall of another building or a dwelling, shall be a minimum of 10.0 metres; (iv) Minimum separation between the exterior side walls of buildings or dwellings, shall be a minimum of 2.4 metres. b) Minimum and Maximum Number of Dwelling Units: (i) Minimum Number of Dwelling Units: 80 units (ii) Maximum Number of Dwelling Units: 130 units c) Building Height (maximum): 13.5 metres d) Parking Requirements (minimum): (i) 2 parking spaces per dwelling unit plus 0.25 of a parking space per dwelling unit for visitors (ii) No parking lot or parking space permitted within 4.5 metres along a lot line abutting Pickering Parkway e) Garage Requirements (i) Minimum one private garage per dwelling unit. (ii) For dwelling units less than 6.5 metres in width, vehicular entrance for an enclosed private garage shall be located a minimum of 5.6 metres from a private street that provides vehicular access to the private garage. (iii) A private garage shall have a minimum width of 2.9 metres and a minimum depth of 5.5 metres provided, however, the width may include one interior step and the depth may include two interior steps. (3) Special Regulations (“RH” Zone) a) Projections such as window silts, chimney breasts, fireplaces, belt courses, cornices, plasters, eaves, eave troughs and other similar architectural features may be permitted outside of the building envelope, provided that no such feature projects outside of the building envelope more than 0.6 of a metre or half the distance, whichever is less; - 97 - By-law No. 7788/20 Page 5 b) Porches and associated stairs not exceeding 1.0 metres in height above established grade may encroach a maximum of 0.5 of a metre outside of the building envelope; c) Balconies, decks and associated stairs not exceeding 3.5 metres in height above grade may encroach a maximum of 2.0 metres outside of the building envelope provided they are setback 1.0 metre from a lot line; d) A bay, box or bow window, with or without foundations, having a maximum width of 4.0 metres may encroach outside of the building envelope to a maximum of 0.6 of a metre or half the distance, whichever is less; e) Air conditioner units shall not be located between the front wall of a building or a dwelling and Pickering Parkway; f) The minimum right-of-way width for a private street shall be 6.5 metres; g) Private Amenity Area – a minimum 4.5 square metres per unit; h) Accessory structures such as pergolas, sheds or other similar structures shall not be permitted within the private amenity area, except a mechanical penthouse associated with a rooftop terrace; i) Minimum Landscape area – 15 percent; j) Minimum width of a Landscape buffer along south lot line – 1.3 metres; k) Despite provision 5.(1)(a) and 5.(2) of this By-law, a water meter building required by the Region of Durham for the purpose of measuring the quantity of water delivered shall be exempt from the “RH” zone use provisions and zone requirements. 6. Provisions (“OS” Zone) (1) Uses Permitted (“OS” Zone) No person shall, within the lands zoned “OS” on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: a) Park, Private (2) Zone Requirements (“OS” Zone) a) Minimum area of a private park – 1,500 square metres. - 98 - By-law No. 7788/20 Page 6 7. Provisions (“OS-HL” Zone) (1) Uses Permitted (“OS-HL” Zone) No person shall, within the lands zoned “OS-HL” on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: a) Preservation and conservation of the natural environment, soil and wildlife b) Resource management, including pedestrian and/or bicycle trails (2) Zone Requirements (“OS-HL” Zone) a) No buildings or structures shall be permitted to be erected nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control, resource management, or pedestrian and/or bicycle trails. 8. Model Homes (1) A maximum of 2 blocks together with no fewer than 2 parking spaces per Model Home is permitted on lands zoned “RH” on Schedule I attached hereto. (2) For the purpose of this By-law, “Model Home” shall mean a dwelling unit which is not used for residential purpose, but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. 9. By-law 3036 (1) By-law 56549/05 and By-law 7176/11 as they each apply to the area set out in Schedule I attached to this By-law, are hereby repealed. (2) By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I and II to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. - 99 - By-law No. 7788/20 Page 7 10. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 26th day of October, 2020. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk - 100 - RH OS-HL OS Highway 401 Pickering Parkway Ramp Notion RoadAshford DriveBeechlawn DriveMarshcourt DriveLarksmere CourtHighway 401 Clerk Mayor i N7788/20Schedule I to By-Law Passed This 26th Day of October 2020 - 101 - RH OS-HL OS Highway 401 Pickering Parkway Notion RoadAshford Drive Beechlawn DriveLarksmere CourtClerk Mayor i N7788/20Schedule II to By-Law Passed This 26th Day of October 2020 2m 3m 4m9m 14m 3m 26m Building Envelope Build To Zone 3m 107.60m 109.31m23.00m 5.26m 16.00m 16.00m 66.04m 5.05m216.97m 78.90m - 102 - Memo To: October 21, 2020 From: Copy: Susan Cassel City Clerk Paul Bigioni Director, Corporate Services & City Solicitor Director, City Development & CBO Director, Engineering Services Manager, Development Services Subject: Request for Road Establishing By-law Travelled road east of Whites Road and south of Durham Regional Road #4, being Part of Lots 27 and 28, Concession File: Roadded.598 The City is the current owner of the travelled road east of Whites Road and south of Durham Regional Road #4, being Part of Lots 27 and 28, Concession 3. The travelled road has historically been known as Whites Road but has not been established as a public highway. It is the intention of the Region of Durham to realign Whites Road south of Taunton Road. The travelled road will not form a portion of Whites Road through the realignment. It is recommended that Council enact the attached draft by-law establishing the travelled road as a public highway (Old Whites Trail). This name has been approved by the Region of Durham. Attached is a location map and draft by-law for the consideration of City Council at its meeting scheduled for October 26, 2020 PB:ca Attachment Location Map Draft By-law - 103 - P ineHeightsTrailWhites RoadForestreamTrailT auntonR o a d 1:5,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; PN-6 City DevelopmentDepartment Location Map File:Applicant: Property Description:ROADDED 598City of Pickering Travelled Rd. E of Whites Road being Part of THIS IS NOT A PLAN OF SURVEY. Date: Aug. 20, 2020Lots 27 & 28, Concession 3 - 104 - The Corporation of the City of Pickering By-law No. 7789/20 Being a by-law to establish the travelled road east of Whites Road and south of Durham Regional Road #4, being Part of Lots 27 and 28, Concession 3, as public highway. Whereas The Corporation of the City of Pickering is the owner of the travelled road east of Whites Road and south of Durham Regional Road #4, being Part of Lots 27 and 28, Concession 3 and wishes to establish it as public highway. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That the travelled road east of Whites Road and south of Durham Regional Road #4, being Part of Lots 27 and 28, Concession 3 is hereby established as public highway (Old Whites Trail). By-law passed this October 26th day of October, 2020. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk - 105 -