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HomeMy WebLinkAboutPLN 11-26 Report to Executive Committee Report Number: PLN 11-26 Date: June 8, 2026 From: Kyle Bentley Director, City Development & CBO Subject: Pickering Islamic Centre License Agreement Overflow Parking at Brock Ridge Community Park File: S 05/98 (R24) Recommendation: 1. That Report PLN 11-26 regarding the Pickering Islamic Centre License Agreement be received; 2. That the Mayor and City Clerk be authorized to execute the Pickering Islamic Centre License Agreement for a five-year term, commencing July 1, 2026, and ending June 30, 2031, with Pickering Islamic Centre for the non-exclusive use of 10 parking spaces at Brock Ridge Community Park for overflow parking, set out in Attachment 1 to this report, subject to minor revisions as may be required by the Director, City Development & CBO and the Director, Corporate Services & City Solicitor; and, 3. That the appropriate officials of the City of Pickering be authorized to take the actions necessary to implement the recommendations in this report. 1.0 Executive Summary: The purpose of this report is to seek approval for a five-year license agreement with the Pickering Islamic Centre (PIC) for the non-exclusive use of 10 parking spaces at Brock Ridge Community Park. The agreement is required to satisfy Zoning By-law requirements for overflow parking for PIC’s lands at 2065 and 2071 Brock Road (see Air Photo Map, Attachment 2). The Zoning By-law requires a total of 116 parking spaces for the site, including 25 overflow parking spaces, which can be provided either on-site or on another lot, where a legal easement or agreement exists. PIC proposes to provide 106 on-site parking spaces, resulting in a deficiency of 10 spaces. PLN 11-26 June 8, 2026 Page 2 Staff have identified the parking lot at Brock Ridge Community Park as a suitable location to accommodate the required overflow parking, as it has available capacity during weekday daytime hours. The proposed license agreement will permit PIC to use 10 parking spaces on a non-exclusive basis from Monday to Friday between 8:30 am and 3:30 pm for a five-year term. The spaces will remain available for public use at all times, and PIC’s use will be limited to short-term parking only. The arrangement is not anticipated to impact park operations or public access. Staff recommend that the Pickering Islamic Centre Draft License Agreement, set out in Attachment 1 to this report, be entered into with the Pickering Islamic Centre for a term commencing July 1, 2026, and ending June 30, 2031. 2.0 Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Strengthen Existing & Build New Partnerships. 3.0 Financial Implications: Pickering Islamic Centre will pay the City of Pickering a nominal license fee of $100.00 for the full five-year term, payable prior to execution of the agreement. 4.0 Discussion: The purpose of this report is to seek approval for a five-year license agreement with the Pickering Islamic Centre for the non-exclusive use of 10 parking spaces at Brock Ridge Community Park to satisfy Zoning By-law requirements. 4.1 The Pickering Islamic Centre site has a parking deficiency of ten spaces In 2024, the PIC submitted a Site Plan Amendment application for its lands at 2065 and 2071 Brock Road (see Air Photo Map, Attachment 2). The application proposes a reconfigured parking layout on the northerly parcel, as well as the installation of a temporary portable containing four classrooms to serve the existing private school operating within the mosque. The submitted site plan illustrates a total of 106 spaces on the subject lands (see Submitted Site Plan, Attachment 3). In accordance with the Zoning By-law, a total of 91 parking spaces is required to support the place of worship and private school. In addition, a site-specific provision requires 25 overflow parking spaces to be provided either on the site or on another lot, where a legal easement or agreement exists. This results in a total parking requirement of 116 spaces. PLN 11-26 June 8, 2026 Page 3 As 106 parking spaces are proposed on-site, there is a deficiency of 10 spaces. Accordingly, PIC is required to secure these spaces on a separate lot through a legal agreement. 4.2 Brock Ridge Community Park can accommodate the required overflow parking The parking lot at Brock Ridge Community Park, located at 2030 Brock Road across the street from the Pickering Islamic Centre lands, has available capacity, particularly during daytime weekday hours. This availability aligns with the operational needs of the mosque, with peak demand occurring during Friday afternoon prayers. Accordingly, it is recommended that the City enter into a five-year license agreement with PIC for the use of 10 parking spaces at Brock Ridge Community Park for overflow parking, for the term of July 1, 2026, to June 30, 2031. This arrangement makes use of existing underutilized parking capacity in close proximity to the PIC lands and allows PIC to satisfy zoning requirements without the need for new infrastructure. The 10 parking spaces will be made available for PIC’s use on a non-exclusive basis from Monday to Friday between 8:30 am and 3:30 pm. The spaces will remain available for general public use at all times. PIC’s use of the spaces during the permitted hours will be limited to short-term parking only, and long-term parking or storage will not be permitted at any time. The proposed arrangement is not anticipated to impact regular park operations or public access to Brock Ridge Community Park. 4.3 Conditions of the License Agreement PIC has reviewed the draft license agreement (see Pickering Islamic Centre Draft License Agreement, Attachment 1) and concurs with the conditions of the agreement. The agreement includes provisions related to insurance, indemnification, and maintenance. As outlined in the agreement, PIC acknowledges that upon expiry of the term, or if the City terminates the agreement prior to its expiry, the site will no longer meet Zoning By-law requirements for parking. PIC further acknowledges and agrees that it will be required to immediately make alternative parking arrangements to achieve compliance, failing which the City may take appropriate action to enforce all applicable By-laws. City staff will monitor compliance with the terms of the license agreement, including permitted hours and duration of parking. Upon expiry of the five-year term, the City and PIC may revisit the arrangement to determine whether there is mutual interest in renewing the agreement. 4.4 Staff recommend approval of the license agreement with PIC Staff recommend that the Draft License Agreement, set out in Attachment 1 to this report, be entered into with the PIC to permit the non-exclusive use of 10 parking spaces at Brock Ridge PLN 11-26 June 8, 2026 Page 4 Community Park for overflow parking, for a five-year term commencing July 1, 2026, and ending June 30, 2031. Attachments: 1. Pickering Islamic Centre Draft License Agreement 2. Air Photo Map 3. Submitted Site Plan Prepared By: Isabel Lima, Principal Planner, Development Review Prepared By: Nilesh Surti, Division Head, Development Review & Urban Design Approved/Endorsed By: Catherine Rose, Chief Planner Approved/Endorsed By: Kyle Bentley, Director, City Development & CBO IL:ld Recommended for the consideration of Pickering City Council By: Marisa Carpino, M.A. Chief Administrative Officer Attachment 1 to Report PLN 11-26 Licence Agreement This Licence Agreement is made as of the 1st day of July, 2026 Between: The Corporation of the City of Pickering (the "City" or “Licensor”) -and - Pickering Islamic Centre ("PIC" or “the Licensee”) Recitals: 1.Whereas the Corporation of the City of Pickering (hereinafter referred to as “the City” or “the Licensor”) owns the park known as Brock Ridge Community Park located at 2030 Brock Road, Pickering; and 2.Whereas the Pickering Islamic Centre (hereinafter referred to as “PIC” or “the Licensee”) owns the Mosque located at 2065 and 2071 Brock Road, Pickering; and 3.Whereas PIC requires additional parking spaces in order to comply with and satisfy the requirements of all of the applicable City of Pickering By-laws; 4.Whereas the current parking being provided at Brock Ridge Community Park has some underutilized capacity; and 5.Whereas the City is agreeable to providing PIC with a licence on the following terms and conditions to utilize ten (10) identified parking spots at Brock Ridge Community Park; The City and PIC hereby agree as follows: Definitions 6.In this Agreement, (a)"Commencement Date" means July 1st, 2026; (b)"Licenced Premises" means the ten (10) parking spots within the Brock Ridge Community Park parking lot located at 2030 Brock Road, Pickering, Ontario, as shown on Schedule "A" attached hereto; (c)"Licence Fee" means the fee payable pursuant to Section 21; and 2 (d) "Term" means the term of this Licence Agreement as set out in Section 17. Headings 7. The division of this Agreement into articles, sections, subsections and schedules and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. Severability 8. All of the provisions of this Agreement are to be construed as covenants even where not expressed as such. If any such provision is held to be or rendered invalid, unenforceable or illegal, then it shall be considered separate and severable from this Agreement and the remaining provisions of this Agreement shall remain in force. Governing Law 9. This Agreement shall be governed by and interpreted and enforced in accordance with the laws in force in the Province of Ontario. Entire Agreement 10. This Agreement constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. Grant of Licence 11. (a) In consideration of the performance by PIC of its obligations under this Agreement, the City grants permission to PIC to use the licenced premises during the Term on a non-exclusive basis for the purpose of supplementing the parking capacity of the Mosque located at 2065 and 2017 Brock Road, Pickering. PIC acknowledges its licence and right to use the licenced premises is non- exclusive. (b) PIC acknowledges that this agreement does not create an interest in the licenced premises nor does PIC claim any past or present interest, howsoever arising, as a result of or connected in any way with the use of the licenced premises. (c) The licence granted herein is only for the duration of this agreement and only for the purposes and uses stated herein. No other purposes or use shall be permitted without prior written approval from the Director, Community Services. (d) Non-Compliance: PIC acknowledges that but for this licence agreement it would be in a state of non-compliance with the parking requirements of the City of Pickering’s Zoning By-law. Furthermore, PIC acknowledges that at the expiry of the term of this agreement, or in the event that the City terminates this agreement before the end of the term, it will be in a state of non-compliance and 3 will be in violation of the Zoning By-law and further acknowledges, agrees, and accepts it will have to forthwith make alternative parking arrangements and bring itself into compliance failing which the City will take the appropriate legal action to enforce all applicable By-laws. PIC’s Use of Premises 12. The Premises shall be used only for “active parking” (not long-term parking or storage) in conjunction with functions taking place at the Mosque, at PIC’s expense and for no other purpose. PIC may use the Licensed premises only on Monday to Friday (weekdays) between the hours of 8:30 am to 3:30 pm. Nuisance 13. PIC shall not carry on any activities, or permit the carrying on, or do or suffer any act or thing that constitutes a nuisance or which, directly or indirectly, is offensive or an annoyance to the City or other users of Brock Ridge Community Park. City Use of Premises 14. It is acknowledged that if the City determines that PIC for whatever reason is not actively using the Licenced Premises, then this agreement shall be considered to be terminated and the City shall provide a Notice of Termination and shall then be free to use the Licenced Premises for its own purposes. PIC shall not be entitled to receive any rental fees, or any other type of remuneration associated with the use of the Licenced Premises by the City or any other party. Assignment 15. PIC shall not assign this Licence without the prior written consent of the City which may be withheld and refused in the City’s sole discretion. Licences 16. PIC may not grant a licence or permission to any other party to use the Licenced Premises. Term 17. The term of this Licence shall be five (5) years from the Commencement Date to June 30, 2031. 18. The City may terminate this Licence at any time for any reason provided it has given PIC one (1) month prior notice in writing. If urgent circumstances or unforeseen events require the City to terminate this licence the City may do so on providing seven (7) days’ notice to PIC. 19. PIC may terminate this Licence at any time for any reason provided it has given the City one (1) months prior notice in writing. 4 Following Expiration 20. If PIC continues to use the Premises after the expiry of the licence, there shall be no tacit renewal of this Agreement or the Term, notwithstanding statutory provisions or any legal presumption to the contrary, and PIC shall be deemed to be trespassing. Licence Fee 21. PIC shall pay to the City as a licence fee for the entire Term in lawful money of Canada the sum of One Hundred Dollars ($100.00) Maintenance, Repairs and Alterations of the Licenced Premises 22. PIC shall maintain and operate the Premises so that they shall always be of good appearance, tidy, clean, safe and suitable for the proper operation of the Premises. 23. PIC shall be responsible for any damages or costs incurred due to the misuse or negligence of PIC, its employees, invitees, members, servants, agents, or others under its control and PIC shall pay to the City on demand the expense of any repairs including the City's reasonable administration charge necessitated by such negligence or misuse. 24. PIC shall immediately notify the City of any unsafe conditions on the Premises. Alterations/Improvements to Premises 25. PIC shall not make any alterations or improvements to the Premises. PIC's Insurance 26. PIC, at its sole cost and expense, shall take out and maintain, (a) commercial general liability insurance pertaining to PIC's liability to others in respect of injury, death or damage to property occurring upon, in or about the Licenced Premises. Such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners or licencees of similar premises for the carrying on of similar activities or purposes but in any event in an amount not less than two million dollars ($2,000,000.00) for claims arising out of one occurrence. Such policy shall also name the City as an additional named insured and may not be cancelled unless prior notice by registered letter has been given to the City by the insurer 30 days in advance of the expiry date. 27. Prior to the Commencement Date, PIC shall file with the City a Certificate of Insurance in a form satisfactory to the City Treasurer, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 5 28. The provision of the insurance policy required by this section shall not relieve PIC from liability for claims not covered by the policy or which exceed its limits, if any, for which PIC may be held responsible. Insurance Risks 29. PIC shall not do, omit to do, or permit to be done or omitted to be done upon the Licenced Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. Damage caused to the parking lot, resulting in the increase of premiums shall be the sole responsibility of PIC and payable to the City. Indemnification 30. PIC shall indemnify and save harmless the City from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the City shall or may become liable by reason of any breach, violation or non-performance by PIC of any covenant, term or provision of this Licence agreement or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City, as the case may be, or any property, as a result directly or indirectly of PIC’s use of the licenced premises or by reason of any wrongful act, neglect or default on the part of PIC or any of those persons for whom it is in law responsible. City's Right to Remedy Default 31. In addition to all other remedies the City may have under this Agreement and in law, if PIC is in default of any of its obligations under this Agreement, and such default has continued for a period of five (5) days after receipt of notice by PIC (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and PIC shall be responsible for all such costs. In addition, if the Licensee fails to remedy any default or breach within five (5) days of being notified of the default or breach the City may then immediately terminate this agreement. Waiver 32. No condoning, excusing or overlooking by the City of any default, breach or non- observance by PIC at any time or times in respect of any covenant, obligation under this Agreement shall operate as a waiver of the City's rights hereunder in respect of any continuing or subsequent default, breach or non-observance, or so as to defeat or affect in any way the rights of the City in respect of any such continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by PIC save only an express waiver in writing. 6 Quiet Enjoyment 33. The City shall permit PIC to peaceably use and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided PIC is not in default and only to the extent and limits of the rights conveyed by this licence. Right of Entry 34. PIC agrees to permit the City and authorized representatives of the City to enter the Licenced Premises as the City deems necessary, including for the purpose of inspecting and maintaining the premises. In the event the City is required to clear the parking lot for snow clearing or removal, the City reserves the right to tow and remove any vehicles from the parking lot as necessary and without notice at the 100% cost of the owner and or PIC, including all towing and storage related costs. Signs 35. PIC may only erect signs on the Premises with the City's prior approval. All such signs shall be removed from the Premises at the end of the Term. Compliance with Laws 36. PIC, at its sole cost and expense, shall comply with all legal requirements (including statutes, laws, by-laws, regulations, ordinances, orders, rules and regulations of every governmental authority having jurisdiction) that relate to the use of the Premises by PIC. Notice 37. Any notice required to be given by the City to PIC under this Agreement shall be in writing and shall be delivered to or such other address of which PIC has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Agreement. Contact: Email: Address: 38. Any notice required to be given by PIC to the City under this Agreement shall be in writing and shall be delivered to The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario (Attention: City Clerk) or such other address of which the City has notified PIC in writing, and any such notice delivered shall be deemed good and suffcient notice under the terms of this Agreement. Schedules 39. Schedule "A", attached hereto forms part of this Agreement. 7 In Witness Whereof the parties have executed this Licence Agreement. The Corporation of the City of Pickering Kevin Ashe, Mayor Susan Cassel, City Clerk 8 Pickering Islamic Centre ___________________________________ Mohammed Rahim, President (I have the authority to bind the Corporation) Schedule "A" Attachment 2 to Report PLN 11-26 04Jo/ Air Photo Map Municipal Address:2030, 2065 & 2071 Brock RoadPlCKERlNG City Development © The Corporation of the City of Pickering Produced (in part) under license from: Date: May. 04, 2026 © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.,© His Majesty the King in Department Right of Canada, Department of Natural Resources. All rights reserved.;© Teranet Enterprises Inc. and its SCALE: 1:2,000 I suppliers. All rights reserved.,© Municipal Property Assessment Corporation and its suppliers. All rights reserved. THIS ISNOTAPLANOF SURVEY. Attachment 3 to Report PLN 11-26 Submitted Site Plan File: S 05/98 (R24) Applicant: Pickering Islamic Centre Municipal Addresses: 2065 and 2071 Brock Road CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN.Date: April 30, 2026