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Home My WebLink AboutFebruary 26, 2007 Executive Committee Meeting Agenda Monday, February 26, 2007 7:30 pm Council Chambers Chair: Councillor McLean (I) MATTERS FOR CONSIDERATION PAGES 1. Director, Corporate Services & Treasurer, Report CS 04-07 Heritage Permit Application 001lO6 Submission Under the Ontario Heritage Act 325 Whitevale Road, Pickerina 1 - 20 Consultant Report Under Separate Cover At the January 22, 2007 Executive Committee meeting, Report CS 04-07 of the Director, Corporate Services & Treasurer was referred back to staff in order for an outside Heritage Consultant to review the heritage permit application. 2. Director, Planning & Development, Report PD 06-07 Zoning By-law Amendment Application A 07/06 Canadian Natural Power Inc., fi26 Kingston Road North Part of Lot 30, Range 3 B.F.C. (Part 1, 40R-9195) City of PickE~rina 21 - 43 1. That Zoning By-law Amendment Application A 07/06 be approved, to rezone the subject lands to allow the development of townhouses and detached dwellings, on lands being the North Part of Lot 30, Range 3 B.F.C., Part 1, 40R-9195; 2. That the Draft Approved Plan of Subdivision Application SP-2004-05 (May 12, 2006) by Weldon Lands Inc. on behalf of the Estate of A. Tyas, on lands being Block B Register/3d Plan 473 and Part Lot 30, Range 3, B.F.C., (Part 1, 40R-9195) City of Pickering, to permit the development of a plan of subdivision, be amended to include the subject property, being the North Part of Lot 30, Range 3 B.F.C., Part 1, 40R-9195; and 3. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 07/06, as set out in Appendix I to Report PD 06-07, be forwarded to City Council for enactment. - Executive Committee Meeting Agenda Monday, February 26, 2007 7:30 pm Council Chambers Chair: Councillor Mclean 3. Director, Planning & Development, Report PD 04-07 Pickerin~ Official Plan Review 44 - 57 1. That Report PO 04-07 of the Director, Planning & Development, regarding the review of the Pickering Official Plan be received; 2. That the Preliminary Work Plan for reviewing the Pickering Official Plan, as set out in Attachment #3 to Report PO 04-07, be endorsed; 3. That staff be authorized to hold a special meeting of Council, as required under Section 26(3)(b) of the Planning Act, in the spring of 2007 to obtain public input on revisions to the Pickering Official Plan that may be required; 4. That staff report back on a Final Work Plan that addresses the submissions received on the Pickering Official Plan; and 5. Further, that a copy of Report PO 04-07 be forwarded to the Region of Durham, local municipalities in Durham Region, the Toronto and Region Conservation Authority, the Central Lake Ontario Conservation Authority and the Durham School Boards for information. 4. Director, Operations & Emergency Services, Report OES 07-07 58 - 68 Green River Community Centre - Horizon House, Where Heaven and Earth Meet - Lease Renewal Agreement 1. That Report OES 07-07 of the Director, Operations & Emergency Services, be received; and, 2. That the Mayor and the Clerk be authorized to execute a renewal lease agreement to permit the Horizon HOLlse, Where Heaven and Earth Meet to continue their use for church purposes at the Green River Community Centre from April 1, 2007 to March 31, 2008 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. Executive Committee Meeting Agenda Monday, February 26, 2007 7:30 pm Council Chambers Chair: Councillor McLean 5. Director, Operations & EmergEmcy Services, Report OES 09-07 69 - 83 Grade Separation Reconstruction Agreement - Standard Canadian National Railway Company - Rosebank Road Bridge, Mile 3.5 York Subdivision 1. That Report OES 09-07 of the Director, Operations & Emergency Services, regarding the Standard Grade Separation Reconstruction Agreement for the Rosebank Road bridge, be received; and 2. That the Mayor and the Clerk be authorized to execute the attached Standard Grade Separation Heconstruction Agreement with the Canadian National Railway Company. 6. Director, Operations & Emerge'ncy Services, Report OES 11-07 84 - 93 Pickering Museum Village - Request to Deaccession Artifacts 1. That Report OES 11-07 of the Director, Operations & Emergency Services regarding the request to deaccession Pickering Museum Village artifacts be received; 2. That the deaccessioning of the Pickering Museum Village artifacts listed in Attachment #1 to Report OES 11-07 be approved; and 3. Further, that the appropriate officials of the City of Pickering be authorized to give effect thereto. 7. Director, Corporate Services & Treasurer, Report CS 12-07 2007 Annual Repayment Limit for Debt and Financial Obligations 94 - 1 00 "- Executive Committee Meeting Agenda Monday, February 26, 2007 7:30 pm Council Chambers Chair: Councillor Mclean That Report CS 12-07 of the Director, Corporate Services & Treasurer regarding the 2007 Annual Repayment Limit for Debt and Financial Obligations be received for information. 8. Director, Corporate Services & Treasurer, Report CS 14-07 101 -115 Financial Control Policy 1. That Report CS 14-07 of the Director, Corporate Services & Treasurer regarding the Financial Control Policy be received; 2. That the Financial Control Policy as set out in Attachment #1 to Report CS 14-07 be approved; and 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. (II) OTHER BUSINESS (III) ADJOURNMENT CiUI (J~ REPORT TO EXECUTIVE COMMITTEE Report Number: CS 04-07 Date: January 22, 2007 {' r ",'" \.1 ;_1 ..t. From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Heritage Permit Application 001/06 - Submission under the Ontario Heritage Act - 325 Whitevale Road, Pickering Recommendation: Council Direction Required Executive Summary: On July 24, 2006 Council approved a formal application process for alterations, additions or demolitions or erection of a building in a Heritage Conservation District. Cimas Construction submitted Heritage Permit Application #001/06 for property municipally known as 325 Whitevale Road. The purpose of the application is to permit the new construction of a single-family residential dwelling within the Whitevale Heritage District. In accordance with the heritage permit application procedure established under the Ontario Heritage Act, Council is the delegated authority to consent or refuse the application. Financial Implications: Not applicable. Background: On July 10, 2006, Cimas Construction Ltd. submitted a heritage permit application, pending approval of the process by Council on July 24, 2006. A copy of the application is included as Attachment #1 to this report. It should be noted that the Applicant has been in discussions with Heritage Pickering since the beginning of the year, prior to final plans being drawn up. As part of the City's goal for process improvements, the heritage permit application process was implemented in order to facilitate decisions with respect to heritage properties. As part of the heritage permit application process, comments are solicited from the Planning & Development Department and Heritage Pickering. If deemed necessary, at the discretion of the Chief Building Official, Planning & Development will also seek a peer review from a qualified heritage consultant on the subject application. Report CS 04-07 Heritage Permit Application HPA 001/06 January 22, 2007 Page 2 Gr ," ~ " .... u!;~ Comments Planninq & Development Department: After careful review, the Planning & Development Department is recommending approval of Heritage Permit Application HPA 001/06. The proposal generally conforms to established guidelines for new buildings that the applicant can reasonably be expected to comply with, given the background, context and the lot to which this application applies. It is noted by the Planning & ,Development Department that the applicant's architect prepared the final design documents after consultation with Heritage Pickering. The Whitevale Heritage District Guidelines includes some general recommendations for new buildings, and were intended to provide for some flexibility and accommodation in their design. The guidelines state that: new buildings should respect the prevailing character of adjacent buildings, streetscape and district through compatible location, height, setback, orientation, materials, fenestration, scale and proportion. The applicant's proposal is for a two storey detached dwelling of about 3400 square feet on a 2/3 acre vacant corner lot at the western edge of the hamlet. The location, height, setback, orientation, materials and fenestration are in general accordance with the District Guidelines. The dwelling is somewhat larger than some adjacent heritage dwellings. It is probably unreasonable and impractical, however, to mandate that the applicant match the proposed building to the scale of the immediately adjacent dwelling, which is located on a much smaller lot. The proposed building conforms to all zoning requirements and the applicant has incorporated significant setbacks to the neighbouring heritage dwellings that are much in excess of permitted minimums. The June 1, 2006 comments provided by the Chair, Heritage Pickering, are understandably advocating a high level of heritage design compliance. When measured against this new building proposal, they reflect a more particular and restrictive approach to architectural control in the District than has been the case in the past. In considering whether to apply greater heritage obligations in this case, Council should consider that: a uniquely liberal approach to implementing a conservation District was applied by Council in Whitevale. At the time of implementation, any owner wishing to be exempt was allowed to do so. As a result, the District today contains approximately 20 lots whose owners are not obliged to comply with any heritage requirements. Report CS 04-07 Heritage Permit Application HPA 001/06 January 22, 2007 Page 3 ( (HI '" UV.:) the 1990 Whitevale Heritage ConsHrvation District Plan, prepared by the City by Unterman McPhail Heritage Resource Consultants, recommended that the introduction of new buildings into Whitevale be accepted as part of the continuing change that all communities experience. It was not intended that the Conservation District limit new building forms to only those that exist. the application of more prescriptive and restrictive architectural criteria has generally been reserved for construction directly associated with existing heritage buildings, in order to protect their integrity. a contemporary new building design using traditional elements is acceptable and consistent with the established District Guidelines. It is considered desirable to apply more prescriptive control to all applications, the current District exemptions and Guidelines should first be re-examined. Prior to City application of these standards, it is essE:mtial that more descriptive information and consultation be available for applicants before they proceed with detailed construction plans. If it is decided to move in this direction, it is recommended that: 1. The District Plan Guidelines be reviewed, and more detailed information incorporated, prior to being considered for adoption by Council; 2. Commentary and recommendations be obtained from a qualified heritage consultant on the revised guidelines; and 3. The District boundaries be amended to incorporate currently exempt properties, in order to further District integrity and ensure consistency of heritage control. Heritaqe Pickerinq Comments As requested, the plans submitted for 32e; Whitevale Road have been reviewed by the Committee. Heritage Pickering has used section 5.4 New Buildings in the Whitevale Heritage Conservation District Guide to provide guidance for our recommendations. Heritage Pickering is disappointed to see that none of the feedback provided to the owners in our June 2006 memo, during informal consultation, have been incorporated into this formal application. In light of this fact, Heritage Pickering maintains its concerns previously expressed and has listed the recommended changes to the application based on the Whitevale Herita~le Conservation District Guide: 5.4.1 New buildings should be visually compatible with adjacent properties and the streetscape. 5.4.3 Maintain the rural settlement pattern to protect the integrity of this area, and to reinforce the distinct character of thl9 hamlet.. . The proposed dwelling is significantly larger in size as well as design than any adjacent property. While we do not advocate that the dwelling must match the scale of adjacent Report CS 04-07 Heritage Permit Application HPA 001/06 - (\.,f'\ /.' ! \.J "l January 22, 2007 Page 4 properties, it is reasonable to expect that it would be closer in proportion than in the current application. The site of this property is in a very visible location, and therefore, will have a significant impact on the consistency of the settlement pattern. Located on property at the west end gateway of the Hamlet, the proposed dwelling does not maintain the rural settlement pattern. This type of building is more consistent with new subdivisions, not a rural Hamlet that is a designated Heritage Conservation District. 5.4.6 A building form which is proportionately greater in width than depth and of a side gable design is encouraged. Extended rear sections to form the traditional T shape is encouraged where additional floor space. is needed. The owner was encouraged to redesign the plans to fit more closely to the above description instead of the current, very modern, design in order for this dwelling to fit more consistently in with the surrounding neighbourhood. 5.4.7 Roofs of new buildings should - match those of neighbouring buildings in shape and pitch; be a side or end gable design; be tow to medium pitch; utilize cedar or asphalt shingles. Steep pitches, cross-gable, flat and mono-pitch roofs, and polygonal towers should be avoided... It appears from the drawings that the roof lines may not follow some of the above guidelines, namely not being a side or end gable design and the tower-like portion of the west end of the building is not consistent with rural hamlet structures. 5.4.9 Windows and doors in new buildings should - be generally vertical and rectangular; be limited in size so as to be similar to. heritage buildings in the proportion of openings to solid wall; avoid the use of snap in muntins, decorative shapes such as bulls-eyes, keystones, quoins and other decorative surrounds. While the majority of windows are vertical and rectangular, there are a large number of windows in proportion to the solid walls. In addition, there are a number of half circle windows and one fully round window that should be removed or replaced. 5.4. 12 Garages should not form a part of the front fagade. A less conspicuous location is recommended. Although the garage doors do not face the street, the garage does form a part of the front facade, significantly increasing the overall size of the structure. 5.5.4 recommends garages be located to the rear of the property. The proposed design does follow guidelines 5.4.2 (maximum structure height), 5.4.4 (setbacks), 5.4.5 (street facing walls parallel to the road), 5.4.11 (exterior wall finish). It has been noted that Heritage Pickering's comments represent a shift to a more particular and restrictive approach that has been the case in the past. With the recent passing of the revisions to the Ontario Heritage Act, we now have a better foundation on which to protect heritage assets that was not afforded in the past. While not Report CS 04-07 Heritage Permit Application HPA 001/06 January 22, 2007 Page 5 005 necessarily popular, recommendations that preserve the heritage of this area are needed. With respect to the liberal approach to implementing the conservation district, specifically that owners were allowed to be exempt, Heritage Pickering is currently working with the Whitevale and District Residents' Association to remove these exemptions. In addition, it should be noted that the current property in the application is not exempt from the heritage district and subject to the guidelines. In fact, the new legislation affords some protection to those exempted properties in Whitevale though policy 2.6.3 which states that "Development and site alteration may b~ permitted on adjacent lands to protected heritage property where the proposed development and site alteration has been evaluated and it has been demonstrated that the heritage attributes of the protected heritage property will be conserved. Mitigative measurers and/or alternative development approaches may be required in order to conserve the heritage attributes of the protected heritage property affected by the adjacent development or site alteration." Heritage Pickering has attempted to implement and use guidelines available to us in considering this application. The provincial Ministry of Culture refers to Parks Canada - Standards and Guidelines for the Conservation of Historic Places in Canada - New Additions to Historic Places recommendations of "Placing a new addition on a non- character-defining portion and limiting its size and scale in relationship to the historic place (Whitevale Heritage Conservation Diistrict)." They do not recommend "constructing a new addition so that the character-defining features of the historic resource (Whitevale Heritage Conservation District) are obscured, damaged or destroyed, or the heritage value is otherwise underminded" and "Designing and constructing new additions that diminish or eliminate the historic character of the resource, including its design, materials, workmanship, location or setting" and "Designing a new addition that obscured, damages or destroys character- defining features of the historic place or undermines its heritage value." Based on the points referred to previously, Heritage Pickering believes that guidelines are not being met. In addition, as noted, a review of the current heritage conservation district guidelines so that they may be provided to applicants before they proceed with detailed plans is needed and Heritage Pickering has identified this as a responsibility. In the absence of this, Heritage Pickering has been involved with informal consultations, including with the applicants, in order to provide comments, suggestions and/or recommendations. In this case, the applicants did not see fit to incorporate any of Heritage Pickering's comments into the final plans. While the position of Heritage Pickering may represent a shift from previous positions, it also represents the opportunity to preserve the heritage assets of the City of Pickering. Property owners are aware of restrictions on heritage property, either in a district or individual designations, when it is purchased and it is incumbent on our committee to uphold the protection that designation affords to properties and districts. Report CS 04-07 Heritage Permit Application HPA 001/06 January 22, 2007 Page 6 U~ 1 f )~,' - '}J (} For the reasons stated above, Heritage Pickering cannot support the plans as currently proposed and would, therefore, recommend that Council not approve the application. Should changes be considered based on the recommendations made in our memo, the owners will achieve a better balance of integration of a new structure onto a prime/gateway location within the Heritage Conservation District. Attachments: 1. Heritage Permit Application HPA 001/06 (Correspondence included as part of the application) 2. Location Map for 325 Whitevale Road Prepared By: Approved I Endorsed By: ~ ~~..~ Debi A. Bentley City Clerk ..r'-) _~~. ~.",/./,",,"7 /-'"' ,', -"~ .;';:" ;, "'"-=C~-::::"_ ";- ~ ,~.. '. ", -' Gillis A. Paterson Director, Corporate Services & Treasurer GAP:db:ks Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pie. kerin.~,.~J~=~2~~~I~.I""'; .. /1...-( d ;?,//,/ ,.7" I ~ -,- /'</., ~~~ Tb6m~fs J. Qui9' ,RD R., CMM I Chief AdminiM'rative Officer ATTACHMENT # I c() 'Qlf -0'/ TO REPOIii~rina Colic Complex VIle Ul Esplanade ... Pickering, Ontario Canada L 1 V 6K7 Direct Access 99905.420.4660 Cityofpickering.com RE(;EBVED CITY OF PICKERING "! 1 . ')011" "j u... n L. IJ\} ;ORPORATE SERVICES DEPARTMENT :Ierk's Division livision 905.420.4611 :ascimile 905.420.9685 lerks@citv.pickerina.on.ca CLI~RK'S DIVISION nn :"1 v-v- { IDATEj :flA-\Y 10, 2.00,6 I~PLlCATION NO: HPA- C:OI/Ob BI-t Ob - 2cAO The undersigned hereby applies to The Corporation of the City of Pickering pursuant to Section 42 of the Ontario Heritage Act, RSO 1990, c.18 for alteration, addition, demolition or erection of a building in a Heritage Conservation District. 1. NAME OF OWNER Cim"aS Cons'tract,on Ltd. ADDRESS OF OWNER 37 G rY~ h ~ e rAVe.; '5:ca r., 0 n tar i 0 POSTAL CODE lv1 i 1:( 3 K Cf TELEPHONE NO. 41 b.... 261- b 77 q EMAIL: elm d 'on i si@ bel( net .co 2. LOCATION OF PROPERTY: ADDRESS: 325 Wh'(tevale LOT NO. REGISTERED PLAN NO. 3. NAME OF AGENT (IF ANY): ADDRESS: POSTAL CODE TELEPHONE NO. 4. FULL DESCRIPTION OF ALL PROPOSED WORK f.Jew oon~+ructlOr\ of . gln:}\e .-Ghil\~ yesidcntla\ . 11. 12. 13. 14. (..9tyO ~~ Pickering Application for Alteration or Addition to a Designated propert~ Page 2 5. ,[)CISTING," PROPOSED TOTAL FLOOR AREA: EXISTING USE OF PROPERTY: VCXCC\ n t PROPOSED USE OF PROPERTY: "re~ICfeJlttcll CONSTRUCTION DRAWINGS, SKETCH PLANS, SCALE DRAWINGS: Please attach drawings of the proposed construction. The applicant may also submit a sketch of any alterations made over a photograph. 6. 7. 8. Drawings must be to scale and indicate the existing building and proposed additions, including: a) overall dimensions; b) specific sizes of building elements (signs, windows, awnings etc.) c)" detail information including trim,' siding, mouldings, etc. d) materials to be used OTHER INFORMATION: You may provide other written information or documents supporting your proposal for the City's consideration. 10. PHOTOGRAPHS: Photographs of the building including general photos of the property, the streetscape in which the property is located, the facing streetscape, and if the property is located at an intersection, all four corners. Photos of the specific areas that may be affected by the proposed change or alteration assist the City with the review of the application. PROFESSIONAL ASSISTANCE: Although it is not a requirement to obtain professional assistance in the preparation of this information, the applicant may wish to seek such assistance from an architect. architectural technologist, preservation specialist, or others familiar with the unique requirements of designated heritage buildings. BUILDING CODES AND BY-LAWS: This application concerns heritage approval only. It is not a building permit application. It is the applicant's responsibility to apply for and obtain a building permit prior to undertaking any construction. OTHER APPLICATIONS: Do you have any concurrent applications (ie: Committee of Adjustment) YES @ IF YES, PLEASE LIST: ~~ SIGNATURE OWNER(S) {\r ~! J' ~.' . , ~9<Jt.>/':'-J SIGNATURE OF AGENT Please note: Notice of Receipt will be forwarded to you by the City Clerk. Notice of Collection: Municipal Freedom of Information and Protection of Personal Privacy Act Personal Information is collected under the authority of the Planning Act, R.S.O. 1990 as amended, and will be used to assist in making a decision on this matter. All names, addresses, opinions and comments will be made available for public disclosure. Questions regarding this collection should be forwarded to the City Clerk, Civic Complex, One the Esplanade, Pickering, L 1V 6K7, 905.420.4660, ext. 2153. CIMAS CONSTRUCTION LTD. f\ ~ '" t, U;J 37 GRANGER AVE. SCARBOROUGH, ONTARIO M1K 3K9 TEL 416-261-6779 FAX 416-261-8687 July 5,2006 Attention Debbie Bentley, City Clerk's Office, My experience with the Pickering Heritage Committee has been confusing and anything but helpful. At the beginning of the year, before final plans were drawn up and the information for the pennit was collected ie: engineered truss and floor designs, we submitted a preliminary/possible arch. "dwg to the Heritage Committee for a new residential home at 325 Whitevale Rd. This was circulated to them through Tim Moore of the Planning Department. In February 2006 two e-mails were sent to us with comments about the new structure (again via Tim Moore). At best these comments/ suggestions were vague and unclear and seemed to promote some architect called BamOwl, which we are not familiar with?? It was clear that very little time or effort went into the feedback given at this time. In any case, in an effort to comply with the comments/ suggestions and work with the committee, we altered various aspects of the design to comply with the few issues pointed out by them. We were quite happy to make the changes tbat were suggested at this time. We changed the exterior from brick to batten board, we replaced the metal railings to wood, we altered the palladium windows to a more traditional square design,.. . We believed that the resulting design would be acceptable because, after all, we had already cleared it through Heritage, thinking that they had given it thorough attenti.on. My question to the committee is why did we not get more detailedfeedback at this stage???? Confidently, we submitted all our documents for pennit review with the building department at City of Pickering ie: revised architectural drawings, engineered truss and floor designs. . . . We have lined up the well and septic tank contractor who will put in the most modem and space efficient model available. On June 1,2006 when we were told that the Heritage Committee would not support our proposed plan we were quite frankly surprised and shocked. After reading the new, very detailed comments about the design we felt as though we had been misled. . 010 I attempted to contact Pamela Fuselli many times to raise my concerns. She said she would pass my questions along to the committee but I was not allowed to address them myself. We were told that Pickering Heritage would 'be happy to work' with us and I was more than willing to talk to the committee but I was told I could not attend the June 14 meeting as it was called 'ad hoc'(you know, not scheduled). Finally, I e-mailed her to tell her what I had already changed and what could be altered with respect to their comments. No further discussion was initiated. I was tmder the impression that the Whitevale Heritage Conservation District Guide is a document which offers guidelines not dictates laws. Section 5.4 of the New Buildings in Whitevale Heritage Conservation District Guide uses tenninology such as "should" or "should be avoided" or "is recommended". We have shown a willingness to comply with the suggestions given by the committee and feel that the Heritage Committee has been given too much power in this regard (as to be able to freeze my permit application). They wrote the following in an e-mail, "Their architect should not put any architectural feature on the exterior if they can't find an example of it in the village". Upon travelling through the village, we have found various examples of non-compliance according to these guidelines, such as, brick and stucco exterior fmishes, round and palladium style windows, attached garages, '" At this time it will be costly and structurally difficult to address 5.4.6 and 5.4.7 as altering the roof and floor designs require going through the architect and the engineer again and I have already spent over $ 15,000.00 dollars on architecture revisions and engineering fees. Although, in the spirit to show that we are co-operative and in addition to the changes we have already made, we propose the following: In reference to 5.4.9, we are willing to change the windows size and shape by removing all half circle and round windows. We hope this is agreeable to the council and city clerk's office. Regards, Deborah Dionisi Cimas Construction Ltd. 37 Granger Ave Scarborough, Ontario MIK 3K9 Tel: (416)261-6779 Fax: (416)261-868 u~;~J;2006 IHl 10 5 HO i6H PICKERING PLANNING & DEV l4J 00.) Moore, Tim From: Sent: To: .. Subject: . . Pamela Fuselli [heritagepickering@hotmail.com] . February 22,20065:19 PM Moore, Tim Altona/Whitevale 011 ni T.i.m, '::!e of :;he .::.:ri:r.i~:e:: merr.os!'s had an additi<,nal 3uggescion '- could :tau pass ~ol$ ~lcn; :~ ~ell? . ..su~~es: t~ t~~ b~ilder that they take ~l closer look at particular :~~:~:e! ~~ i~is~i~g architectura within Whitevale and draw from those ie. .~;;:h::'.: ;;:':-.d:'.:;:. :":,,,:lines, typical mid-latEl 1800 architecture. Th~ shingle 1:::':'e;:::b:'?':::, ~~l:.cil'.n-style and cape cod windol-ls, metal railing etc. a:& cu: of p:'acs. Their architect should not put any architectural faacu:e ..;.. t~e e:"t:.eri.::)t it 'they ca.n't find an example of it in the village itself. - 6" t.;:~y n:?~.r; .; ~~1gg~.:;tion for an a.rchitectwho understands a bit better how '.... m-=.h S::;';:;6::::'..; leck old check out Barn Owl designs. She still use~. a bi..r: ~f a rnish~a5~ of featu:es but she's better than most. There are a rew ~=c tr~~i:ic~al- lika ~he ~Rosseau House" and "Oxford House". h:':p: 1/...,,<:::. t.~ =::.:.;:l::.e .signs. com/ i nde:-:l. htm ., .. . '':;3!,;~n;s :r.~:. ~ :.::.;;1 i:;:: ?~~~ ;:)C:-j't ;;;$1; SSi::-C::. Find! http://se3.rch.sympatico.msn.ca/default..asp:< The net.. NSN Searc~! :hsc~ it out! ., 02/ 23/ 2006..rHlf:,.~.O.; SPS.420".764& '. ". '~l;S~;,}':~;'Fl;i;I';~ ,,~:'._~ .'~ Moore T.im ,.,.......,.,.........!.^...... ~ . ,..-....'. .......;..-...;....:..'.. , "..:,.~:.:.,;~~.:~.,. ::, . .-',' ..... ., .,- From: Sent: To: ... Subject: '.' Pamela FuselJi [heritageplckering@hotmail.com] February 21,20069:19 PM ';. Moore. Tim . . Heritage Pickering ~" Hi Tien "'j ,".'.. Get::ing back .:to'youabout the Altona/Whitevde Road propo:led house plan - I apologize for ,the' delay in getting feedback to you. 'While th~ committee merr.?ers liked' :'iorne"cf.the ,details, there.were some ,co,t)cerns: . .: ','-: .... ,:"~'> ': :.... '. '," . . 1. r;'1is corner is the 'gateway'. t-o the Whitevale Heritage Conservati.on District ~any ~uildinq ~hould retlectthe charactGristies ot this' area. Giver: the majorityo! the homes are, at most 1 1/2 storeys, this is what ~:~'d rp.ccrr~end for thc~e lots. 2. So~e ot the materials they are proposing to u~~aten't con~istent with h~ri~aqe hom~s, e.g.-met~l r~ilings. . ,). '~a""'e .. , theyconsidared that the house would be supported by a well and Su?tic: Rega:ds ?arr: " ";. . . Take aclvantageofpo~erful junk a-mail filters built o~ patented Microsoft~ SmO\rl;Scr~C'lrl Technology..' h,::?://join~m$n~co.rn/?pgmarket.en-ca&page"byoa/prern&xAPID..:1994&DI=1034 i&SU"'htt;p: / Il.lotm~il. cOlll/enca&HL-Warket..MSl'US_Taglines ; S~a;t e~joyir.9 all.th~ benefits or MSN~ premium' right now and get the fir~t two monthsrREE~! . '... :" .. 1 .g2 , t' ., .. j ; 1.1 i 1 . I , 1 I J ! l' I f I Ik" ~l .r.: .11 I;, r t I ' ~~ J .~i ~i i tJ; ~; .~) . ~. ~, ii ~ I' .. " h f , ~ \ I . , , ' UO/V~/'UVO ~u~ !U:~~ r.~ ~u~ 4~O ' . . Ci.tIJ "I ," (,'\,~:,:y'~:;',~h0:~~ IT:':")": "~H.. ".."._......._._i i ~M"'.I.~.. "., nlr.\ L- .) .. ~ " . . June 1, 2006. .. .. ... " ; .! ~ " im Moore Chief Building Official , '. City of Pickering ~ ..' \, ~ '.' ~,.' . /..~-?~ ". . " .... ". - :" :.-:" ,.f" ...... .' ~~. ., \", " : . . Subject: 325 Whitevale, Road AS requested, I've reviewed the plans submitted for 325 Whltevale Road and compared them " ''vitli sect/on 5.4 New Buildings In the Whitevale Heritage Conservation District Guide. Below are my comments: " l; I, 5.4.1 New buildings should be vfJuaUy ~ompatible with adjacent properties and the streetscape. Given the significant difference In size and design between the proposed building and any adjacent property, these plans do not meet this guideline. .' ,I 5.4.3 Maintain the rural settlement pattern to protect the Integrity of this area, and to reinforce the distInct character of the hamlet.... This structure. located at the west end gateway of the Hamlet. does not maintain the rural settlement pattern, This is the type of building you'd expect to find in new subdivisions. not a rural Hamlet that is a heritage conservation distrIct. 5.4.6 A building form which is proportionately greater in width than depth and of a side ',- gable design Is encouraged. Extended rear sections to form the traditional T shape Is encouraged where additional floor space is needed. The owner Is' encouraged to redesign the plans to fit the above description instead of the current. very modern. design. .," ~ ' ,5.4.1 Roofs of new buildings should . m~Jtch those of neighbouring buildings in shape and pitch; be a sIde or end gable design; be low to medium pitch: utilize cedar or asphalt shingles. Steep pitches. cross-gable, flajt and mono-pItch roofs, and polygonal towers should be avoided.... . ' , It appears from the drawings that the roof lines may not follow some of the above guidelines, namely not being a side or end gable design and the tower-like portion of the west end of the building. 5.4.9 Windows and doors in new buildings should. be generally vertical and rectangular; be limited In size so as to be similar to heritage buildings In the proportron of openings to solid wall; avoid the use of snap In muntlns, decorative shapes such as bulls-eyes, . . keystones, quoins and other decorative surrounds. ".} 'While the majority of windows are vertical and rectangular. there are a large number of windows .,... in proportion to the solid walls. In addition, there are a number of half circle windows and one fully round window. 06 MON 10:J2 FAX 905 420 7648 PICKERING PLANNING & DEv ~(lOJ ".1 fl C -t 5.4.12 Garages should not form a part of the front facade. A less conspicuous location is recommended. " Although the garage doors do not face the street, the garage does form a part of the front .. facade, significantly increasing the overall size of the structure. -5.5,4 recommends garages be located to the rear of the property. .;. . . The proposed design does follp.w guidelines 5.4.2 (maximum structure height), 5.4.4 (setbacks), 5.4.5 (street facing walls paralle; to the road), 5.4.11 (exterior wall finish). While Heritage Pickering can not support the plans as currently proposed, we would be happy to work with the owner to achieve a better balance of integration of a new structure onto a prime/gateway location with the Heritage Conservation District. Regards '" .". Q~ Pamela Fuselli " Chair, Heritage Pickering Copy: City Clerk '11 Read Message Page 1 of2 heme ..., 1 "",I L' ,ft rra.fl\';dl5 InDex Compt.,se Cr,~e.(:rrt.e Fedders Addf>$$$eS Pr,~f.ere\'l<:es Sear.ch Help Read Message Back to: COJ1ilLIL~tion F'Qk!.~! From:"Pamela Fusel/i" <heritagepickering@hotmail.com> I.;.::J Date:2006/06/15 Thu PM 03:35:38 GMT.04:00 To: dmd ion is i@bellnet.ca Subject:Re: 325 Whitevale Road (S!L?o~;tl;~~r2... Hello Deborah, I'm getting back in touch to Jet you know that the committee's decision was to uphold our recommendations from June 2006. In rElsponse to your request to attend, as the meeting was ad hoc (not a regularly scheduled meeting), it was not open to the public but for committee discussion purposes. Please get in touch with Tim Moore, who I have already advised of our decision, for the next steps. Regards Pamela Fuselli Chair, Heritage Pickering >From: <dmgi(;mi?J@R~Jl!J~t!2;P >To: "Pamela Fuselli" <heriJ?g~gl~~_~rlng@hQ.tm9jl~9J!P >Subject: Re: 325 Whitevale Road >Date: Wed, 14 Jun 2006 15:54:39.0400 > >Good Afternoon >1 have not heard back from you regarding whether it is possible to attend >the meeting scheduled for tonight. Do you have a time and location for me? >Regards, >Deborah Dionisi >Cimas Construction Ltd. > > >> > > From: "Pamela Fusel/i" <h~rJ.t?g~R.i.ckeI'l1g@Jl.Qlmi:!iLcom> > > Date: 2006/06/12 Mon PM 03:29:21 GMT.04:00 > > To: g.mQj.9.J.1J~I@p.~Jl!J~L!;i! > > Subject: 325 Whitevale Road >> > > Hello, >> > > I have scheduled an ad hoc meeting of Heritage Pickering for this >Wednesday, > > June 14. If you could send your questions to me via email, we can >discuss > > them at this meeting and then get back to you by the end of the week. >After . > > you've had an opportunity to review the information, we can schedule a > > meeting if needed. >> Read Message Page 2 of2 OlD > > As I do most of the committee work on evenings and weekends, you can use > > this email address or my home telephone number to reach me. >> > > Regards > > Pamela Fuselli > > Chair, Heritage Pickering >> >> > > Fashion, food, romance in Sympatico / MSN Lifestyle > > ,http-;j /lif~~tiJ~,~Y.m12iLt.jfQ.,m~lJ.,gil/HQJ11e/ >> > Movies, Music & More! Visit Sympatico / MSN Entertainment htW~{j eIJJ@tJgllJ1JJ.iillt.~.Ymp-at i!=o .l1'11n.~~L f5Chi~~~JRlg2[ljY&tl Back to: ~..Q.!l~tructiQ1l.Fol!:tllr Privililcy Polk:y Wireless Email eCal'e FAQ R~6.M~~ "'. !~~/J60S6 €€OSSHt?S6ZdOLSZS660aS €t?VHJ I $P!uo!ssas$!U;)'launaq'ua' I~~fdUq horne nl~'1 C I "fran~aLs Inbcx Compose C.eaie folders Addr~sscs i'refer;aii1ces Search Heh, Read Message Back to: Constr:..LJ.!jiQI1..EQ.!.d.e.r F'rom:"Pamela Fuselli" <heritagepickering@hotmail.com> Q Date:2006/06/10 Sat AM 09:18:04 GMT.04:00 To:d md ion isi@bellnet.ca Subject:RE: 325 Whitevale Thank you for your email and telephone messages, I have been away on business so was not able to respond to your messages. Some information that may help you understand our rolEl . Heritage Pickering is an advisory committee to the City and our committee members are appointed volunteers. While I am the Chair, committee business is conducted by the entire membership. I have forwarded your request to the committee and will be in touch this coming week to let you know the next steps. Regards, Pamela Fuseili Chair, Heritage Pickering >From: <Q.mcH9.olg@12-~lD~.t~g.> > To: <J1~rltE.g.~R.j~k?ring@h9..t!I!i![L.~Qm> >Subject: 325 Whitevale >Date: Wed, 7 Jun 2006 12:31:06 .0400 > >Good Afternoon Ms. Fuselli, >1 am one of the officers of Cimas Construction Ltd. who is waiting on a >permit to construct a single family dwelling at the above address, >1 would like to met with you to discuss your comments regarding this >project. I have various questions for you and your attention to this >matter. >Please contact me to set up an appointment ASAP, >we can cannot afford further delay in this matter. >Regards, >Deborah Dionisi >Cimas Construction Ltd. > Auto news & advice -check out Sympatico / MSN Autos !:.lU.Q~/ / Cill".gY to s,~ym[>-iilJic9 .111.~n..~glD.?.tillt!t~.~p.~. Back to: CQn~Jr.!J.\=Jl!w_f.2.Ld.~r I'riV<1qf p,,} licv Wk~!elOZ; Enmil eC'sre fAQ Read Message Page 1 of 1 n1P -_u home fr.ali~:aJs !nhox Cmnpose Crea~e Fok!.ers Addresses Pref~i"erlc'es S-earch tielp Read Message Backto:~ntM~age~ From: <dmdionisi@bellnet.ca:> Q Date:2006/06/14 Wed PM 03:54:39 GMT.04:00 To:"Pamela Fuse"i" <heritagepickering@hotmail.com:> Subject:Re: 325 Whitevale Road '(ShOjj~~_~Q.lq~f);W!. Good Afternoon I have not heard back from you regarding whether it is possible to attend the meeting scheduled for tonight. Do you have a time and location for me? Regards, Deborah Dionisi Cimas Construction Ltd. :> :> From: "Pamela Fuselli" <b.~r.l.t.gg?..pJ~J<er!ng@b.Qtm~jLcom:> :> Date: 2006/06/12 Mon PM 03:29:21 GMT.04:00 :> To: .Q.mgjgnis.i@J~.ellll~_~~ :> Subject: 325 Whitevale Road :> :> Hello, :> :> I have scheduled an ad hoc meeting of Heritage Pickering for this Wednesday, :> June 14. If you could send your questions to me via email, we can discuss :> them at this meeting and then get back to you by the end of the week. After :> you've had an opportunity to review the information, we can schedule a :> meeting if needed. :> :> As I do most of the committee work on evenings and weekends, you can use :> this email address or my home telephone number to reach me. :> :> Regards :> Pamela Fuselli :> Chair, Heritage Pickering > > > Fashion, food, romance in Sympatico / MSN Lifestyle > )1ttQ:/ /life~ty-~-,-~y.mQ.gtl~Q,msn.G~/!iQ.IJ]M > Backto:S~u~~~ag~~ Prhnu::y pofjqr Wireleso. Em;'llil eCtau'(.:r; FJ\Q Read Message Page 1 of2 heme t.' ~ ~ f;r~m;:Ells Inbo;( CornpO:5e Ct'<'!<:ltefoiders A,ddres11les ' Pn!fen::m:e,s Search Help Read Message Back to: ~e.ntM!tillg,~ From:<dmdionisi@bellnet.ca> G:J Date:2006/06/12 Mon PM 05:48:29 GMT.04:00 To:"Pamela Fuselli" <heritagepickering@hotmaiLcom> Subject:Re: 325 Whitevale Road , iSh~Q'$~,.f:~q~t:r Good Afternoon, We at Cimas Construction Ltd. have accommodated your previous requests/comments made February 21 & 22,2006 ie we changed metal railings to wood, we changed brick to batten board, we have moved the garage from front facing to side facing.. I think this design has a distinctly heritage feE~1. In fact, it is compatible with the homes found at the eastern end elf the village. I am willing to change the circular and semi.circular windows on the front facade. Conversely I am not willing to change the floor plan or roof design. Is there any way for me and my associate to attend the Wednesday meeting?? Regards, Deborah Dion isi Cimas Construction Ltd. > > From: .Pamela Fuselli" <b.~ritE.,g.?.pLl;j{ering@bJ~.tmCJll~Qi11> > Date: 2006/06/12 Mon PM 03:29:21 GMT.04:00 > To: d rngiQ!J i s L@p.~JJ.D~l.C-E. > Subject: 325 Whitevale Road > > Hello, > > I have scheduled an ad hoc meeting of Heritage Pickering for this Wednesday, > June 14. If you could send your questions to me via email, we can discuss > them at this meeting and then get back to you by the end of the week. After > you've had an opportunity to review the information, we can schedule a > meeting if needed. > > As I do most of the committee work on evenings and weekends, you can use > this email address or my home telephone number to reach me. > > Regards > Pamela Fuselli > Chair, Heritage Pickering > > > Fashion, food, romance in Sympatico / MSN Lifestyle > htlP.~! /1 ifes tyj~.~Y!IlR.~ti~Q:JJ1!Z.lUil / H_Q.rne / > :.~~Q;~,~~.f9Ii Back to: Senl.lVIe~ll.g~ Priv;ar.y Policy lrJh'ea,Ii;~~$ EmaU eCar:.~ FAQ r', :r:'"', t, i:. V [ATTACHMENT# Z TO REPORT # C5~O-Ob ~ T -\ -\ - .\. rl-l IR "HWIN WHITEV ALE ~ \ tIl - [J \ 1 --1 \ --1 :::;;; WHITEVALE ROAD WHITEVALE ROAD I 0 I ....:1 I tIl tIl f-- >- Z 0:: 0 :1:: g I I \ 1- \ ........ - \I "'" I~ ~ PROPERTY -1 ~ I - ( 0 <i 0 - n:: <i Z 0 ~ ~ <i City of Pickering Planning & Development Department PROPERTY DESCRIPTION CON 4, N PT LOT 32, PLAN 21 LOT 1, 2 & PT LOT 3, RP 40R-9543 PART 1,2 l' OWNER CIMAS CONSTRUCTION LTD. DATE OCT 2, 2006 DRAWN BY JB FILE No. HPA 001/06 SCALE 1 :5000 CHECKED BY TM a!.a saurces: PN-RUR ~~o;e~pE:Je~n"~a~~s 1~~'oP~le~.~tAII.~r!~~':.rsRe~~~~9d~taN~e~e~~Qd~ ~;ts~r!el~.n of survey. Citlf o~ REPORT TO EXECUTIVE COMMITTEE Report Number: PD 06-07 Date: February 26, 2007 qr,~ \.) ~ i. From: Neil Carroll Director, Planning & DevelopmE3nt Subject: Zoning By-law Amendment Application A 7/06 Canadian Natural Power Inc. 526 Kingston Road North Part of Lot 30, Range 3 B.F.C. (Part 1, 40R-9195) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 7/06 be approved, to rezone the subject lands to allow the development of townhouses and detached dwellings, on lands being the North Part of Lot 30, Range 3 B.F.C., Part 1, 40R-9195; 2. That the Draft Approved Plan of Subdivision Application SP-2004-05 (May 12, 2006) by Weldon Lands InG. on behalf of the Estate of A. Tyas, on lands being Block B Registered Plan 473 and Part Lot 30, Range 3, B.F.C., (Part 1, 40R-9195) City of Pickering, to permit the development of a plan of subdivision, be amended to include the subject property, being the North Part of Lot 30, Range 3 B.F.C., Part 1, 40R-9'195; 3. Further, that the zoning by-law to implement Zoning By-law Amendment Application A 7/06, as set out in Appendix I to Report PD 06-07, be forwarded to City Council for enactment. Executive Summary: The applicant requests an amendment to the zoning by-law to permit the establishment of townhouses and detached dwellings on the subject lands, to be developed as an expansion of an adjacent Draft Approved Plan of Subdivision SP-2004-05 (see Location Map, and Applicant's Third Revised Conceptual Plan, Attachments #1 & #3). The combined developments are proposed to be developed with a future draft plan of condominium. The proposal will contribute to the transformation of Kingston Road into a mainstreet for Pickering, as envisioned in the Pickering Official Plan. The present design is considered to be generally compatible with the surrounding land uses and reflects the outcome of consultation between the applicant and the Rosebank Road Community Association. The applicant's third revised conceptual plan proposes to establish detached dwellings adjacent to existing detached residential development to the west, and townhouses abutting the existing Rosebank Plaza at 512 Kingston Road. It is recommended that this application be approved, and that the draft by-law be forwarded to City Council for enactment. Report PD 06-07 Date: February 26, 2007 :"\ r~ ':" li~uf5ject: Canadian Natural Power Inc. (A 7/06) Page 2 Financial Implications: No direct costs to the City are anticipated as a result of the proposed development. Sustainability Implications: This development proposal is an infill project that provides for residential intensification, makes efficient use of vacant lands, and takes advantage of existing infrastructure within the City's urban area. The proposal adds to the variety of housing opportunities in the City's urban area and assists divert growth pressures away from non-urban designated lands" The site is located within walking distance of neighbourhood commercial uses and is located in close proximity to the Kingston Road Transit Spine. The applicant's proposal generally represents a sustainable approach for the development of the subject lands. Background: 1.0 Comments Received 1.1 At the October 19,2006 Public Information Meeting (see text of Information Report and Meeting Minutes, Attachments #4 & #5) . Richard Weldon, on behalf of Canadian Natural Power Inc., provided an explanation of the application, noting that the current proposal was the second phase of a development previously approved by City Council in 2005 (Draft Plan of Subdivision SP-2004-05 and Zoning Amendment A 13/04). Mr. Weldon explained that the proposal is derived from meetings with and comments from neighbourhood representatives; 1.2 Following the Information Meeting . A letter was received from the Ellen Adams, on behalf of the Rosebank Road Community Association on October 24, 2006 stating their acceptance of the Second Revised Conceptual Site Plan which was included in the Information Report prepared by Planning & Development staff (see Attachment #2); 1.3 City Department and Agency Comments Region of Durham Planning Department - the applicant will be required to amend the draft approved plan or submit a land division application to permit development; the proposal may be permitted since the development is located on lands designated "Living Areas" in the Durham Region Official Plan; a noise study to identify the impacts of vehicle noise on the proposed units must be submitted to the Region of Durham Planning Department; Report PO 06-07 Date: February 26, 2007 Subject: Canadian Natural Power Inc. (A 7/(6) Page 3 n r,.' r- _i .... J Region of Durham Planning Department ( continued) a Phase 1 Environmental Site Assessment, prepared by Soil Engineers Limited, has been submitted in support of the application and adjacent draft approved plan of subdivision, which concludes that there are no specific environmental hazards at or near the property, and that no further environmental study or testing is required; an agreement between the City of Pickering and the applicant should indicate that any debris found on-site must be properly removed including the decommissioning of any wells, sewage disposal systems and/or fuel storage tanks; Municipal water supply and sanitary sewer services are available to the subject property and servicing requirements will be provided through the future site plan or amendment to draft approval applications (see Attachment #6). 2.0 Discussion 2.1 The rezoning of subject property to zone category identical to the adjacent Draft Approved Plan of Subdiviision is considered appropriate for coordinated development The applicant requests that the current "R3" Residential zoning for the subject property be amended to a "RMM-5" Multiple Residential Zone to allow the establishment of eight townhouse units and two detached units. This zone category would match the zoning of the adjacent draft approved plan of subdivision. This request is considered appropriate as the proposed development would share the same common elements as the draft approved plan (Phase 1) including condominium internal roads, visitor parking areas, landscaping features. Both phases of the development would also share one site access / egress location from Kingston Road 2.2 The development makes efficient use of vacant lands within the City's existing urban area The applicant's proposal will utilize existing infrastructure and provides for the efficient use of vacant land through the introduction of a compact housing form. The proposed development is located on lands designated Mixed Use Areas in the Pickering Official Plan, and is within the Kingston Road Corridor, where intensification activity is encouraged. The proposal meets the spirit and intent of the policies of the Official Plan. 5~~rt PD 06-07 Subject: Canadian Natural Power Inc. (A 7/06) Date: February 26, 2007 Page 4 2.3 Intensity of development generally supported; overall density for Phase 1 and 2 must comply with the maximum permitted in the Woodlands Neighbourhood Policies of the Official Plan Based on the latest revised conceptual plan submitted, by the applicant for the combined properties, a total of 45 dwelling units are proposed on 0.81 hectares of land, representing a net residential density of 55.55 dwelling units per hectare. The overall density proposed for both Phase 1 and Phase 2 of the development is slightly beyond the maximum density established in the Woodlands Neighbourhood policies, and would not be in conformity with the Official Plan. This maximum density requirement applies to lands located on the north side of Kingston Road that are designated Mixed Use Area and abut low density residential development. The specific unit count for the first and second phase of development will be determined through the Site Plan approval process, however the total density cannot exceed 55 dwelling units per hectare to ensure compliance with the Woodlands Neighbourhood policies of the Official Plan. It is our understanding that the applicant is in the process of acquiring additional lands from the abutting property owner to the east (Steeple Hill Community Bible Church). The effect of the potential acquisition would be to merge and add these additional lands to Phase 1 and Phase 2 of the development for the purpose of complying with the above-mentioned density policy. The applicant's current proposal is an evolution of the project based on consultation with area residents and City staff. The applicant held discussions with the Rosebank Road Community Association, and revised his original proposal to include detached dwellings where the property abuts existing residential properties to the west. In addition, the applicant met with staff and further revised the proposal to address concerns regarding the siting of three townhouse dwellings fronting Kingston Road. The Planning & Development Department is generally satisfied with the orientation of the proposed dwellings, however, the final layout and total number of dwellings for Phase 1 and Phase 2 of the development shall be determined through the Site Plan approval process. 2.4 Amendment to adjacent Draft Approved Plan of Subdivision is required to incorporate second phase of development The subject property was not included in Draft Plan of Subdivision SP-2004-05 (the first phase of the proposed development). The applicant will be required to amend the Draft Approved Plan of Subdivision for 542 Kingston Road to reflect the additional lands that are the subject of this application. Report PO 06-07 Date: February 26, 2007 Subject: Canadian Natural Power Inc. (A 7/06) Page 5 l.'.~ t") ~ . t-, oJ 2.5 Zoning By-law Performance Standal"ds It is recommended that the zone requirements for the proposed development be regulated by way of schedule and text amendments to the zoning by-law recently established through Phase 1 of the development, including the requirement that a minimum rear yard depth of 6.0 metres be provided adjacent to commercial and residential uses (see Appendix I), and that a total of 14 visitor parking spaces be provided for combined Phases 1 and 2. 3.0 Applicant's Comments The applicant is aware of the content of this report. APPENDIX: Appendix I: Draft Text and Schedule Amending By-law Attachments: 1. Location Map 2. Applicant's Second Revised Plan 3. Applicant's Third Revised Site Plan 4. Text of Information Report 5. Minutes from Statutory Public Meeting 6. Comments from the Durham Region Planning Department ~~Ro~rt PO 06-07 U'::;O Subject: Canadian Natural Power Inc. (A 7/06) Date: February 26, 2007 Page 6 Prepared By: Approved / Endorsed By: R" k~Cf$- IC e arattl Planner II ,","C .,,~.., } i~ -:;, -< ~ <. ~ '-C~ It...I<,f:.~f/ . Neil Carro, .; RPP Director, Planning & Development ~{N:r;Ji^, Lynda Tay1or, MCIP, RRpf Manager, Developm~t Review RC:ld Attachment Copy: Chief Administrative Officer Recommended for the consideration of Pickering 9ity SQ.~~cil ;/ APPENDIX I TO REPORT PD 06-07 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 7/06 '1;, t') ~,~ l'::" ~ ('.00 V:""'J THE CORPORATION OF THE CITY OF PICKERING 1 Being a By-law to amend estricted Area (Zoning) By-law 3036, as amended by By-law 6666/06, to implement the Official Plan of the City of Pickering, Region of Durham, on North Part of lot 30, Range 3, Broken Front Concession, Part 1, 40R-9195, in the City of Pickering. (A 7/06) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of townhouse dwelling units and detached dwellings on the subject lands being North Part of lot 30, Range :~, Broken Front Concession, Part 1, 40R-9195, in the City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended, and By-law 6666/06, is therefore deemed necessary; NOW THEREFORE THE COUNCil OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOllOWS: 1. SCHEDULE "I" AMENDMENT Schedule "I" and Schedule "II" to By-law 6666/06, are hereby amended by changing the lands identified as 40R-9195 from "R3" to "RMM-5" the zone designation on Schedule I attached hereto, and the lands cross-hatched on Schedule II attached hereto. 2. TEXT AMENDMENT 1. SECTION 2. Area Restricted for By-law 6666/06 is amended by repealing and replacing the original text with the following: The provisions of this By-law shall apply to those lands being Block B Plan 473 and Part of lot 30, Range :3, Broken Front Concession, Part 1, 40R-9195, designated "RMM-5" on Sc.hedule I attached hereto. 2. SECTION 5. Provisions of By-law 6666/06 are hereby amended, as follows: (a) Section 5(1 )(b)(i) is amended by repealing and replacing subclause A with: A Number of Multiple Dwelling-Horizontal Units for all lands zoned "RMM-5" (maximum) 30 - 2 - (b) Section 5(1)(b)(i)E is amended by adding the following: (V) Despite Section 5(1 )(b)(i) subclause E (I), no building, part of ~ building, structure or part of a structure shall be erected "c\\vithin the cross-hatched area illustrated on Schedule II "ttached hereto except in accordance with the following provisions: ;'.. I) (~ , ...." '- .... '1;.,1 Requirements for Multiple Dwelling-Horizontal: (i) Rear Yard Depth (minimum) 6.0 metres (c) Section (5)(1 )(b)(ii) Requirements for Detached Dwelling is amended by replacing subclause A and E with: A Number of Detached Dwelling Units for all lands zoned "RMM-5" (maximum) 15 E Rear Yard Depth (minimum) 7.5 metres Despite subclause E above, the minimum Rear Yard Depth for the cross-hatched area shown on Schedule II shall be 6.0 metres. (d) Section (5)(1)(b)(iii) PAHKING REQUIREMENTS is amended by repealing and replacing subclause F with: F Visitor Parking Spaces (I) For all lands designated "RMM-5" on Schedule I attached hereto a minimum of 14 visitor parking spaces shall be provided. 3. Section (5)(1 )(b)(iii) SPECIAL REGULATIONS is amended by renumbering the Section to (Ei)(1 )(b)(iv), and adding subclause C and subclause D: C Detached Dwelling Units shall only be located adjacent to Lots 24, 25 and ~?6, Registered Plan 473, and Lot 47 and Block 57, Registered Plan 40M-1480. D Despite subclause C above, one Multiple Dwelling-Horizontal Unit may be partially located adjacent to Lot 26, Registered Plan 473. ..~ " ~.... C'0d - 3 - 3. BY-LAW 6666/06 By-law 6666/06 is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as set out in Section 1 above. Definitions and subject matter not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 4. EFFECTIVE DATE This By-law shall come into force in accordance with the provisions of the Planning Act. BY-LAW read a first, second, and third time and finally passed this ,2007. day of Debi A. Bentley, City Clerk -- -- -- -- -- ----\ -- \ -- -- -- -- -- -- ----\---- -- -- \ -- -- -- -- -- ----~-- -- -- <..'i<t.Q G\S<" 'i'-" -- \ -- -- -- \ -- -- ----\ 1J o (j) g ~ -;.. ~ ~ -- -- / / ------ / )' ---- / / / / __ ~e,o / "'o~ "- "- "- "- "- ,,,,BO "'C""- ell I'\J'\'\ <..GI5<"S'i'-- "B R ,,'" /;. Il\..CP" i"~. tr') ,,~ l ..) .1 -- -- -- -- -- -- ... \..Oi ').4 41-' 1'\..1>-\'\ it.ll.t.O Rt.G\5 . -- -- -- -- -- 0\ ').':J 41~ I.: <..0 I'\J'\'\ R<..C,\Si<..R -- -- -- -- -- -- i ').& 1) \..0 \'\ 4 <..0 1'0' 'i'-<..GISi<..R -- {J <<:-- Q -- -- -- -- Oc"- 1>- 41~ Ill.. 1'\..,..1-1 <..R<"O R<..G1Si Q~ C;; G ~~ -- -- -- -- l' N SCHEDULE I TO HY-U,W 6666/06 AMENDED BY BY-LAW PASSED THIS _ DAY OF 2007 DAVID RYAN - MAYOR DEBI A. BENTLEY - CITY CLERK 1J o l0 g ~ -;:... 1J o "b -- -- "'- "'- "'- "'- " "'- "'- -- -- -- -- " 0 "" ----\ C' 0.:... -- \ -- -- -- -- -- -- ----\---- -- -- -- \ -- -- -- -- -- ----~-- -- -- \<.\:.\J (,I":),'i.: \<.'i.: -- \ -- -- -- \ -- -- ----\ -- -- ,,- \1,50 1,0\.\- n' p..l'\ t.\) r- \:-G\SI\:-\< ~B \< ~'" & 'O,-oco(... -- -- -- -- -- -- 2.'" ~ ,-01 N 41 t\J "'V: \<tG\SI\:.\< -- -- -- -- -- 0' 2.~ 41~ '- t.\J "v.l'I \<t.GIS1t.\< -- -- -- -- -- -- 1 2." 41~ ,-0 \:.\) ",v.l'I __ \<\:.GIS1t.\< -- -- -- -- -- -- ;i) ~O -- -- oco(... "- 1~ '01.: N 4 t\J "V: \<\:-G\SIt.\< o~ ^' " G0 ~~ / -.-.-.- BUILDING EI\JVELOPE l' N SCHEDULE Jl TO BY-L..AW6666/06 AMENDED BY BY...LAW PASSED THIS DAY OF 2007 DAVID RYAN - MAYOR DEBI A. BENTLEY - CITY CLERK ~TTArH','r.rlT # J TO I-.'V,'.V'","\',,~ RE?ORl iI PD_ ~>J;. - OL.~~.~ PLACE J \ TiTf /~~\ CATTAIL cO :~ )"" \ t )J ~ RAINY DAY V \ \ ~ \ '\ \ \ \ \ \ \ \% '\ ~\ \{J\ 1 I I \ ,~\ I ...A\ -:AJ7\- (\ - \0J \ /) ",\' ......~:::::::;y -- ,--- CRESCENT -- I- STEEPLE ___0 o --- lL. I- --I __0 :::i---- -- 0 f--- - ,..- ;;0 0_ < ;;0 fTl -- < ---I fTl HILL I o <( o (t --- -- -- o ..- o -- ___f--== ~ '/ 1417 ___ - STEEPLE _ HILL / ~ 1415 COMMUNITY <?OP' Z BIBLE ,- III S; :~~ CHURCH :\"G0~/ ROAD ~~il'^NK / / ~ II I /\..--;rOCT ~ ~ y ~tJ::tc~~ //) ~ .o~ ~ ~~--{ '0\G'0 )-. -> ~ ~O ~ ~/ ~ :: City of Pickering Planning & Development Department PROPERTY DESCRIPTION NORTH PART LOT 30, B.F.C., RANGE 3, PART 1 40R.9195 OWNER CANADIAN NATURAL POWER INC. FILE No. A07/06 DATE FEB. 1,2007 SCALE 1 :4000 DRAWN BY IB CHECKED BY RC l' o a ~ources: ~ ~oo5e~rfAncie~:~8~~~ 1~~p~~~.!t~H8~r:~~~rsRe~~r~~Qd~tsN~e~er~~ad~ ~f\~~I~.n Qf 8l.lrvey. PN-6 ATTACHIVIENT ,_ l _TO REPORT II PO 00-0' 7 ". I') /' l- 0 I.f INFORMATION COMPILED FROM APPLICANT'S REVISED SUBMITTED PLAN A 07/06. CANADIAN NATURAL POWER INC Second Revised Conceptual Site Plan \ I J / ,- ,- ,- ,- ,- , , , , " / ,,' ~ // <<;-0 ," O~ ,,> '~ o ~~ ./ ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT. PLANNING INFORMATION SERVICES 14~7 Rosebonk Rood 1415 Rosebonk Rood 1411 Rosebank Rood 1409 Rosebonk Rood Rosebonk Plaza 512 Rosebank Rood ::< ATTACHMENT '_,-,,' TO HE?ORT # PD_ qt" ..~) 7 INFORMATION COMPILED FROM APPLICANTS THIRD REVISED SUBMITTED PLAN - CANADIAN NATURAL POWER INC. A 07/06 ~ .... ? ;,:, "'J' Ii$ \ . ~i .~) Steeple Hill Community Bible Church 550 Kingston Rood ;~- s.~i .. 3. ~:::; ~ iil.~. ~ .. 3~ . . . . . . . . , I I I I , ,"" " ,,' " ,,' ,,' ," ," ,; ,,' " S) ,,/ ~\)~ ..../' '5,.\)v. ~v.GS . THIS MAP WAS PRODUCED BY THE CITY OF PICKERING, PlANNING &: DEVELOPMENT DEPARTMENT, INFORMATION &: SUPPORT SERVICES. JANUARY 19, 2007. If 4 J '9 ,~,,,,,,,,,,,,,,,;.;,=~,,,,,,,,,,,,,,"'='",, .$ 'U PD~,~9.2'"'h''''''' nr.r. UJO Cilq ()~ INFORMATION REPORT NO.1 0-06 FOR PUBLIC INFORMATION MEETING OF October 19, 2006 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment Application A 07/06 Canadian Natural Power Inc. 526 Kingston Road North Part of Lot 30, Range 3 B.F.C. City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the subject property is approximately 0.13 hectares in size, located on the north side of Kingston Road, east of Rosebank Road (see Attachment #1 - Location Map); - the subject property is currently vacant and is surrounded by commercial and residential uses; - in 2005, the abutting property to the north and east - 542 Kingston Road was rezoned and approved for a draft plan of subdivision (A 13/04 and S-P-2004- 05) for 13 detached dwellings and 22 townhouses; - the draft plan of subdivision on 542 Kingston Road is Phase 1 of the proposed freehold (unit) common element condominium (road) project and a site plan application has been received. 2.0 APPLICANT'S PROPOSAL - the applicant's original submission, circulated for comment on September 28, 2006, proposed to amend the existing zoning on the subject property to allow 9 townhouses and 1 detached dwelling (see Attachment #2 - Original Submitted Conceptual Site Plan); - however, as a result of discussions by the applicant with representatives of a community working group, the submitted conceptual plan was revised to propose 2 detached dwellings and 6 townhouse units along the west property line, and a pair of semI-detached dwellings facing Kingston Road (see Attachment #3 - First Revised Conceptual Site Plan); then the plan was further revised to propose 2 detached dwellings and 6 townhouses Information Report No.1 0-06 . 4 . !l~_~.._T() nEPOfj r t PD.,,,,,...f!f::L:o.7~~."._"__. Page 2 along the west property line, and 3 townhouse units facing Kingston Road (see Attachment #4 - Second R'8vised Conceptual Site Plan); _ this proposal represents Phase :2 development associated with the approved draft plan of subdivision for 542 Kingston Road; _ Phase 1 and 2 are propose~d to share the same common element condominium internal roads, visitor parking areas and landscaping elements; _ 2 parking spots are proposed for each dwelling unit; 14 visitor parking spaces are proposed for the entire development; _ the applicant has submitted conceptual elevation and floor plans for the townhouses (see Attachment #5- Conceptual Elevation and Floor Plans); _ the applicant has not yet requested to proceed with land severances to create each individual parcel or to amend the approved draft plan of subdivision to incorporate the second phase of development. ;; 1)_..... ~:.: ;;) t 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan _ the Durham Regional Official Plan designates this area as "Urban Areas ,..- Living Area," where development is intended to be predominately for housing; _ the applicant's proposal appears to conform with this designation; 3.2 Pickering Official Plan _ the subject property is designated "Mixed Use Areas - Mixed Corridors" within the Woodlands Neighbourhood; _ this designation allows residentiall development; Kingston Road is under the jurisdiction of the Region of Durham and is a Type B Arterial Road, which is the second highest order arterial road designed to carry moderate volumes of traffic at moderate speed; _ Kingston Road is also identified as Transit Spines and is subject to Kingston Road Corridor Urban Design and Development Guidelines; _ the Woodland Neighbourhood policy specifies that despite the density range allowed for Mixed Use Area - Mixed Corridors Area, a maximum residential density of 55 units per hectare is required for lands located on the north side of Kingston Road that are designated Mixed Use Area and abut low density development; _ the proposed development of Phase 1 and 2 together provides a net density of approximately 55.1 units per hectare, which is slightly over the required maximum density; 3.3 Zoning Bv-Iaw 3036 _ the subject property is currently zoned "R3" - Residential Detached Zone by Zoning By-law 3036, as amended; _ "R3" zoning allows one detached dwelling on each lot which has its frontage onto a public road; Information Report NO.1 0-06 Page 3 ,.., I") ("\ C0u - an amendment to the zoning by-law is required for the proposed residential freehold common element condominium development. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments - area residents organized a community working group and have met with the applicant to address their initial concerns such as the type of dwelling, built form, and building height; - these initial discussions resulted in the applicant's revised plans; 4.2 Aaencv Comments no agency comments have been received to date; 4.3 Staff Comments in reviewing the application to date, planning staff has identified the following matters for further review and consideration: · assess the sufficiency of parking supply and the appropriateness of its location on-site; · determine whether or not any limitations (e.g. type and number of dwellings, especially with respect to the proposed 3 townhouse units in the southwest area of the plan, setbacks, height, etc) for the proposed development should be included in the zoning by-law; · ensure compatibility with the Woodland Neighbourhood policies, specifically the maximum density of 55 units per hectare; · confirm the status of the site plan application for Phase 1, and ensure the development for both phases occurs in a coordinated manner; · through the review process, determine whether additional information or studies are required; - this Department will conclude its position on the application after it has received and assessed comments from agencies and the public. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Councilor a Committee of Council; L/ Information Report NO.1 0-06 Page 4 ,., r, "" '_:.j ,j - if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law; - if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 OTHER INFORMATION 6.1 Appendix No. I - list of neighbourhood residents, associations, agencies and City Departments that have commented on the applications at the time of writing report; 6.2 Information Received - copies of the applicant's submitted plans are available for viewing at the offices of the City of Pickering Planning & Development Department; - the City of Pickering has received the following technical information I reports on the proposed application: . Environmental Site Assessment Phase 1, prepared by Soil Engineers Ltd., dated July 2005; . A Soil Investigation For Proposed Townhouse Development, prepared by Soil Engineers Ltd., dated March 2005. 6.3 Property Principal - this application was submitted bY' Richard Weldon, on behalf of Canadian Natural Power Inc. f)RJOINAL SIONED BY ORIGINAL SIONED BY Joyce Yeh Planner I Lynda Taylor, MCIP, RPP Manager, Development Review JY:ld Attachments Copy: Director, Planning & Development :~ t ."' t .t;J APPENDIX NO.1 TO INFORMATION REPORT NO. 10-06 COMMENTING RESIDENTS AND LANDOWNERS (1) none received to date COMMENTING AGENCIES (1) none received to date COMMENTING CITY DEPARTMENTS (1) none received to date ATTACHMEr,rr # ~~.....5~__ TO REPORT If prJ..",.~"~.:~?2__,,o,.,. "4,Jl l' _L Minutes I Meeting Summary Statutory Public Information Meeting Council Chambers Thursday,October 19, 2006 1:00 pm. Attendees: Counciltor Dickerson . Chair Councillor McLean Ross Pym. Principal Planner -Development Review Geoff Romanowski, Planner II Joyce Yeh, Planner I Zoning Canadian 5.26 Kingston ROad North Part of lot 30, Range 3 a.F.e. 1. Planner Comments Joyce Yeh, Planner" provkled an overviow of property location, applic.1nt's proposal and Cit)l's OffICial Plan policies pertaining to this site, as outlined in Information Report #1 a.Qt) , 2. Applicants Comments Richard Weldon, on behalf of Canadian Natural Power Inc. prOVide an explanation of the application,. noting this is the second phase of the development that City Council appmved in 2005, Richard Weldon explained the evolution of th8' appHcatioo, that he has a good working relationship with the neighboufS and that changes to the application have been made as a resuUof meetings and comments from lne nelghbourhood representatives, 3. Comments from Members of tha Public Ellen Adams of 1411 Rosebank Road than.k.EKl the applican.t for working cooperatively with the ne:lghbours, noted thaI they were in ,agreement with the revised proposal and rook.ed forward to working cooperatively with the applicant and City staff as the application progresses, l 4 Comments from the Chair I . 11 Councillo, O1ck..e.rs. 0.. n thanked theapPlica..rt.l. a.nd.the neighlIDurs for h.aVtn.g ti..PO...S.....i.t...iv...e.... J'. ___ ~~rking):_~'!~n~.~and encouraged ttl~ .P.~r!i~..lO conU~~~ thGir effor:!~!-,_~.... c. ..' "_ Pa.ge 1 CORf'\:I;?2I.l-t'02 ....4 r. i..' (., The Regional Municipality of Durham Planning Department 605 ROSSLAND ROAD E 4'" FLOOR P.O. BOX 623 WHITBY, ON L 1N 6A3 (91)5) 668-7711 iX; (905) 666-6208 -mail; planning@ region.durl1am.on.ca www.region.dLJrham.on.ca A.L, Georgieff, MCIP, RPP Commissioner of Planning "Servico Exccilcnco forOl.J1 Communities" November 2,2006 Rick Cefaratti, Planner II Pickering Civic Complex One The Esplanade Pickering, Ontario L 1V 6K7 Sent via email to: rcefaratti@citv.pickerinq.on.ca Mr. Cefaratti: Re: Zoning Amendment Application A 07/06 Applicant: Canadian Natural Power Incorporated Location: 526 Kingston Road North side of Kingston Rd., east of Rosebank. Lot 30, BFC Municipality: City of Pickering This application has been reviewed and the following comments are offered. The purpose of this application is to amend the zoning of the subject property to permit nine townhouse units and a single detached unit The property is adjacent to draft approved plan of subdivision S-P-2004-05 and under the same ownership. The applicant will be required to amend the draft approved plan or submit a land division application to permit development. Reaional Official Plan The lands subject to this application are designated "Living Area" in the Durham Regional Official Plan. "Living Areas" are predominantly for housing purposes. The proposal may be permitted within the "Living Area" designation. Kingston Road, Regional Road 2, is designated as a "Type B" arterial road in the Durham Regional Official Plan. "Type B" arterial roads are typically comprised of a 36 metre right-of-way. Council adopted amendment 114 further designates Kingston Road as a "Transit Spine" . which should compliment higher density and mixed uses. Transportation and access requirements will be provided through future site plan or amendment to draft approval applications. Provincial Policies & Deleaated Review Responsibilities This application has been screened in accordance with the terms of the provincial plan review responsibilities. As the subject property is adjacent to Kingston Road (Regional Highway 2) and in the vicinity of Highway 401, a noise study is required to identify the impacts of vehicle noise on the proposed units. The study should recommend noise attenuation measures, including warning clauses, to meet the guidelines of the Ministry of Environment and the requirements of the Region of Durham. The report may be submitted to this department for review. A Phase 1 Environmental Site Assessments (ESA), prepared by Soil Engineers Limited, has been submitted in support of the subject property and adjacent draft approved plan of subdivision. The report concludes that there are no specific environmental hazards at or near the subject site, and that no further environmental study or testing is required. Page 2 An agreement between the City of Pickering and the applicant should indicate that the C 4; 3 any debris found on or buried on site must be removed and disposed of properly, including the decommissioning of any wells, sewage disposal systems and/or fuel storage tanks, as recommended in the report. Reaional Services Municipal water supply and sanitary sewer services are available to the subject property. Servicing requirements will be provided through future site plan or amendment to draft approval applications. If you have any questions or require further information, please do not hesitate to contact me. 1/'/.....") J I / I 1,1 rl /( ~:.1AJ'11t fVVV I Dwayne Campbell, Planner Current Planning Cc (via email): Regional Works Department - Peter Castellan Ciiq 01 REPORT TO EXECUTIVE COMMITTEE '\ 4 ,~ ,. ... t '-1 Report Number: PO 04-07 Date: February 26, 2007 From: Neil Carroll Director, Planning & Development Subject: Pickering Official Plan Review Recommendations: 1. That Report PO 04-07 of the Director, Planning & Development, regarding the review of the Pickering Official Plan be received; 2. That the Preliminary Work Plan for reviewing the Pickering Official Plan, as set out in Attachment #3 to Report PO 04-07, be endorsed; 3. That staff be authorized to hold a special meeting of Council, as required under Section 26(3)(b) of the Planning Act, in the spring of 2007 to obtain public input on revisions to the Pickering Official Plan that may be required; 4. That staff report back on a Final Work Plan that addresses the submissions received on the Pickering Official Plan; and 5. Further, that a copy of Report PO 04-07 be forwarded to the Region of Durham, local municipalities in Durham Region, the Toronto and Region Conservation Authority, the Central Lake Ontario Conservation Authority, the Durham School Boards for information. Executive Summary: The Pickering Official Plan has been in effect for almost 10 years. A number of new Provincial documents are now approved and the Durham Regional Official Plan review is mostly complete. It is important to keep the Official Plan current with recent Council directions on matters such as sustainability. In addition, as Official Plans are required to conform to both Provincial policies and upper-tier plans, staff is requesting that Council endorse the preliminary work plan for reviewing and updating the Pickering Official Plan. The Official Plan Review will focus on the following key areas: · strengthening the sustainable framework to support the City's Sustainable Neighbourhood Plan and Benchmarking for Sustainability; · implementing various Provincial policy documents including the Greenbelt Plan, 2005 Provincial Policy Statement and the Central Pickering Development Plan; · incorporating new Official Plan policies resulting from the Region's review of its Official Plan; · preparing new policies to guide intensification consistent with the Growth Plan for the Greater Golden Horseshoe; Report PD 04-07 Date: February 26, 2007 Subject: Pickering Official Plan Review Page 2 ..... A- i.' "f. J . changing the Plan's time horizon from 2016 to 2031; and . reviewing and updating policies and designations to ensure ongoing effectiveness. It is staff's intention to prepare a series of amendments to the City's Official Plan. For example, the City can initiate Official Plan Amendments for the Greenbelt Plan and the new Regional Official Plan as those initiatives are now approved. For other amendments, such as conformity to the Growth Plan, studies are required to be completed at the local level. It is expected that the Review will require approximately three years to complete. . As the Planning Act requires that a special meeting of Council be held to discuss revisions to the Official Plan, staff is recommending that a special meeting be held in spring 2007 to obtain public input. Financial Implications: A budget provision of $40,000 has been recommended for inclusion in the Planning & Development 2007 Budget for consulting services related to this initiative. Sustainability Implications: A review of the Pickering Official Plan at this time provides the City with an unique opportunity to enhance the sustainable framework in the Plan by the inclusion of polices to direct sustainable development in accordance with the City's Sustainable Neighbourhood Plan Guidelines (pending Council's consideration) and key principles of various Provincial, Regional and Conservation Authority documents. The result should be a Plan that assists the City in achieving its sustainable objectives of a healthy environment, society and economy, and responsible development and consumption. 1.0 Background: 1.1 The Pickering Official Plan was adopted in March 1997 and subsequently approved by Durham Regional Council in September 1997 Pickering's current Official Plan ('the Plan') was adopted by City Council in March 1997 and approved by Durham Regional Council in September 1997 with modifications and deferrals. The Plan's planning horizon is 20 years (up to the year 2016) and contains detailed policies for guiding and managing growth and development while protecting the natural and rural environments. Since the Plan's approval, all 14 appeals to the Ontario Municipal Board have been dealt with, and only 20 out of 63 deferrals remain. Most of the deferrals relate to Seaton and the airport lands, and are listed in Attachment #1. Report PO 04-07 Date: February 26, 2007 Subject: Pickering Official Plan Review Page 3 c 4rO addition, the Plan has been amended 12 times either in response to development applications (e.g. Watson's and Heather Glen golf courses) or to City initiatives (e.g. Northeast Quadrant Review and Liverpool Road South Area Detailed Review). The City's Oak Ridges Moraine Conformity Official and Zoning By-law Amendments are currently awaiting Provincial approval. 1.2 A number of initiatives are either completed or underway by the Province, Region, City and Conservation Authority that will need to be considered and incorporated into the Plan's review At this time, a number of new Provincial policy documents such as the Greenbelt Plan and the Growth Plan for the Golden Horseshoe have come into force. A new Provincial Policy Statement is also in effect. At the Regional level, Amendment 114 to the Durham Regional Official Plan, except for the appeals, has been approved. This Amendment includes revisions to the environmental, rural, transportation and commercial components of the Regional Official Plan. The City has a number of initiatives underway including the Sustainable Neighbourhood Plan and Benchmarking for Sustainability. Other anticipated initiatives include preparing a long-term sustainable vision for Downtown Pickering and undertaking a number of studies required under the Province's Central Pickering Development Plan such as the Master Environmental Servicing Plan and Neighbourhood Plans. A Watershed Plan for the Duffins and Carruthers Creeks and 'Generic Regulations' that regulate natural features and activities (including development within regulated areas and any interference or alteration to watercourses, wetlands and shorelines) have recently come into effect. Other Conservation Authority initiatives are also underway or commencing. 2.0 Discussion: 2.1 The City's Official Plan has provided a solid foundation for managing development, guiding infrastructure decisions, and protecting the environment over the last 10 years Since 1997, the Plan has provided a solid foundation to guide development and change i,n the City. The Plan's promotion of Pickering as a complete community through sustaining healthy ecological, urban, and rural systems remains relevant especially in light of Council's commitment to sustainability. While staff is recommending enhancements to the sustainable elements of the Plan, there is no need at this time to change the fundamental framework, principles, and goals of the Plan. In addition to reviewing the Plan to achieve conformity with the new Provincial and Regional Plans, a general review of the Plan is required to ensure that the Plan's policies continue to be relevant and appropriate to deal with growth, development and environmental initiatives. Report PO 04-07 Date: February 26, 2007 Subject: Pickering Official Plan Review Page 4 "4~ '.' f.,' t ... To this end, staff has identified several policy areas in the Plan requiring review such as housing, population and employment targets, planning horizon. There are also three outstanding Council resolutions that need to be addressed regarding waste transfer/processing, archaeological master plan, and the extension of the Whitevale Heritage Conservation District. Further, a number of housekeeping/technical changes are required. A list of key initiatives requiring consideration as part of the Plan's review is provided in Attachment #2. 2.2 A three-year timeframe for completing the Plan's review is realistic The Plan's review will involve the assessment of various provincial, regional and conservation policy documents, preparation of selected background studies and policy papers, and the preparation of a series of Official Plan amendments on a variety of topics e.g. natural heritage, intensification, and commercial. It is expected that the review can be completed within the 2007-2009 timeframe as follows: Year 1 - 2007 Amendments would be prepared implementing the City's sustainable initiatives such as Benchmarking Sustainability and the Sustainable Neighbourhood Plan. Also, staff would be implementing the results of several approved initiatives (e.g. 2005 Provincial Policy Statement, Bill 51, Greenbelt Plan, Regional Official Plan Review and Conservation Authority's 'Generic Regulations'). Other amendments such as housekeeping matters or updates to the Plan would also be initiated. Year 2 - 2008 Staff would prepare amendments to implement initiatives completed in 2008. For example, it is expected that amendments implementing studies completed under the Province's Central Pickering Development Plan (CPDP) such as the Natural Heritage System Management Plan and Highway 407 Employment Land Study would be prepared Other amendments implementing the results of staff's general review of the Plan's policies and the work related to Council resolutions would also be prepared for Council's consideration. Year 3 - 2009 Amendments would be prepared in the third year for the initiatives that are expected to take longer to complete due to the need for technical studies, reports and other required documentation. For example, the Downtown Intensification Strategy not only requires extensive analysis and consultation but also is partly dependent on background work being done by upper-tier governments relating to population and employment forecasts. Amendments to implement the other studies required under the CPDP such as the Master Environmental Servicing Plan and Nei~~hbourhood Plan would be prepared. Report PD 04-07 Date: February 26, 2007 Subject: Pickering Official Plan Review Page 5 C 4 In addition, staff is currently participating in several TRCA initiatives. Once each initiative is completed, appropriate implementation mechanisms will be determined and amendments to the Plan prepared, if necessary. A chart listing initiatives, status, anticipated timing of amendments is provided in Attachment #3. 2.3 Public views and opinions will be solicited during the Plan's Review As part of the Plan's review, the City will be seeking community input and engaging stakeholders for their views and opinions during the preparation of the Official Plan amendments. As a minimum, open houses in addition to statutory public meetings will be held for the City's amendments. Public meetings will. be posted on the City's website and in the community page of the local newspaper. Mailing lists of interested individuals, community groups, agencies and First Nations will be prepared and meeting notices advising of open houses and public meetings will be mailed. In addition, consultations with the various public agencies (e.g. region, school boards, conservation authorities) will be undertaken, as part of the review process. 2.4 Consultants to assist staff on the technical aspects of the studies (engineering, architectural and urban design) are required Significant staff resources throughout the Corporation will be involved in the Plan's review. As well, consulting services will be required to assist staff on the technical aspects of selected policy reviews and conformity amendments (such as engineering, architectural and urban design). In this regard, staff, as part of the Planning & Development draft 2007 Budget submission, has recommended a proposed budget of $40,000 for consulting services. Additional funding requests may be included in the 2008 and 2009 Budget proposal. 2.5 The next step is to hold a special meeting of Council, open to the public, to discuss revisions to the City's Official Plan In commencing an OP review, the Planning Act requires that a special meeting of Council be held to obtain input from the public (Le. residents, businesses, community associations, landowners, and the developml3nt industry) and affected agencies regarding revisions to the Plan. Staff is therefore seeking Council's authorization to advertise, in the appropriate newspapers and on the City's website, that the City is seeking the views of the public on the Plan. Mailings will also be uSE~d to advise agencies of the special meeting. A special meeting of Council in spring 2007 is recommended. Subsequently, a report on the submissions received will be prepared for Council's consideration. Staff will also finalize and request Council's endorsement of the work plan. Report PD 04-07 Date: February 26,2007 Subject: Pickering Official Plan Review Page 6 " 4 "" l,~ ' J Attachments: 1. Official Plan: List of Outstanding Deferrals 2. Official Plan Review: Key Initiatives Requiring Consideration 3. Official Plan Review: Preliminary Work Plan Prepared By: Approved I Endorsed By: '. \.\, -.J Grant McGregor, MCIP. RPP Principal Planner - Policy ~j7~ Catherine Rose, MCIP, RPP Manager, Policy Neil Carr i' t I RPP Director, Planning & Development GM:ld Attachments Copy: Chief Administrative Officer Director, Corporate Services & Treasurer Director, Operations & Emergency Services Division Head, Corporate Projects & Promotions Recommended for the consideration of Pickering Citx Cou~~1 // C~i') ATTACHMENT I I TO REPORT # PO 01..1-07 Official Plan: List of Outstanding Deferrals i Deferred all permissible uses for j Partially Resolved: Region of : Regional Node 1 set out in Table 7 ! Durham adopted Amendment No. 51 ! pending further consideration and! to the Regional Plan on January 13, ! Regional Official Plan Amendment: 1999. Ontario Municipal Board ! Application 97-019 (now Amendment! approved Amendment No. 51 with ! No. 51) ! modifications on November 18, 1999; : ! the decision on East Duffins is still ! : awaiting partial resolution of Deferral 7 ! ! to the Regional Plan respecting Dixie ! ! Road and the road pattern in East . I Duffins area ~_l:__~l~~=~~== D6 ! 3.14 - Table 15 ! Deferred Table 15: Permissible Uses! Unresolved. ! : for Potential Airport Site, for further! ! ! study on the size and location of the ! .....................................l.............................................................I...~~.~~.~.~.i.~.~..~.~.~~.~.~~...~~.~.~................................................................1......................................................................................................................... D8 ! 4.15(a)(i) ! Deferred reference to the request to ! Unresolved. ! ! the Region to re-examine and delete! ! ! the proposed east-west arterial south ! ! ! of Whitevale, subject to further study! .....................................1.............................................................I...~.~.I.~.~.~.~..~~..~.~~~~.~........................................................................1................................... ................ ..... ............ ... ...... .................. ...................... D11 ! 4.15(a)(iv) ! Deferred reference to the request to ! Partially Resolved: Ministry of ! ! the Region to re-examine and delete! Municipal Affairs and Housing ! ! the proposed northerly and! approved related portion of Deferral ! ! southeasterly extensions of Dixie! #7 to the Regional Plan; Partial ! ! Road, subject to further study: Regional approval of the policy save ! ! (northeast extension) and : and except the words "northerly and" ! ! consideration of Regional request to ! came into effect on March 3, 1999 ! ! resolve in part Deferral #7 to the! ! ! Regional Plan (southeast extension) ! ....D'1.2...................T..ii':'1.S(a)"(v)".........................T...DEaer.recf'..refere.nce....'t'o....ihe....ri~.quesi...to...rUnresoived.... ! ! the Region to re-examine and i ! ! downgrade the designation of existing i : ! Dixie Road to a Type C Arterial, ! .....................................J..............................................................I...~.~.~!.~.~~..~~...~~.~~~.~.~..~~.~~.~.....................................................1....................................................................................................................... 014 i 4.15(b) i Deferred reference to the mquest to! Unresolved. ! i the Region to re-examine and if: ! ! necessary amend the proposed arterial i i i road network in Seaton, subject to i : i further stud related to Seaton i ATTACnMENil~___TO REPORT I PO, O.!1~:!2:L...-_ "5/'. l' . ..J. ! Deferred reference "re-examine and if i Unresolved. i necessary amend the proposed arterial i i road network around the Potential i i Airport Site", subject to further study 1 ....i5Tg....................-r.1..T.1.3(bj""...............................!....i5eferr.ed.......policy......re.spe'Ctlng......p.os.sjiJ"ie...!....Un.resolveci":.........city....Cou.n.cif...pas.sed.... i ~ high school site in Amber/ea i Resolution #69/98, Item #4, Part ~ ~ Neighbourhood, pending further review i 3.(b), on March 24, 1998, requesting ~ ~ by Region i this deferral be resolved by deleting .....................................l............................................................1...........................................................................................................................I...~.~.~...~.~.~i.~~......................................................................................... 020 ~ 11.14(b) i Deferred policy on reducing traffic i Unresolved. i ~ speeds along Dixie Road as it is i i ~ related to Deferral #7 in the Durham i .....................................1.............................................................1...~.~~~............................................................................................................,......................................................................................................................... 022 i 12.4(e) i Deferred policy requesting Region to i Unresolved. ~ i construct a by-pass for Altona Road at i ~ ! west end of Whits' vale , subject to i I I further study I ...b24.....................j"..T2.:6(g)"""................fn.ow....I..."Defer.red..........poiicy..........reieriing..........to..........a...I....lJ"n.resolvecC............................................................................ i renumbered as i Highway 7 By-pass of Brougham, i ~ (1)] i pending consideration of Regional i ~ i Amendment No. 37 to identify a future ~ I ! by-pass I ....i5"3T..................T..Sch.e.cj"ui"e...j........................T.."Deferred.....th.e.....deslg.natlo.ns.....wiiti'i{j.....the..r..u.n.resolveci":............Reg.ion......o(....D"u.r.ham.... ~ i East Duffins Area Study, pending i adopted Amendment No. 51 to the i ~ consideration of Regional Amendment i Regional Plan on January 13, 1999. ; I Application 97-019 (now Amendment i Ontario Municipal Board approved i No.51) ! Amendment No. 51 with modifications i ~ on November 18, 1999; Region of i ~ Durham adopted Amendment No. 51 i i to the Regional Plan on January 13, ~ i 1999. Ontario Municipal Board ~ i approved Amendment No. 51 with i ~ modifications on November 18, 1999; i i City Council passed Resolution i ~ #50/03 on April 22, 2003 requesting i i the Region of Durham to resolve Part ! i of Deferral 31 as it relates to the . i Duffin Heights Neighbourhood; the ~ decision on the Lamoureaux i Neighbourhood is awaiting the i completion of the Growth I Management Study i 4.15(c) .'''', ~ ....'.~., 1_' Q r.. .ATlACHMEN1',_ I _TO flEPOfH I PO -1?.!:f.:.Ql~f~.'''", ! Deferred Prestige Employment, Mixed i Unresolved. i Employment and Natural Areas i ! designations and related policies for i 1 certain Runnymede lands north of i ! Bayly Street. and west of Church j I Street, for further study i 035 1 Schedule I i Deferred lands designated Potential i Unresolved. 1 1 Airport Site, pending further study on 1 1 ! the size and location of the potential ! ...................1..... ................................ .................... ............!.....~i~.~O rt site ............................... ..................... .................................... ... .......1... .. ..................... ............ .......... .... ...... ... . 1 Schedule II : Deferreo road designations for the i Unresolved. 1 i Seaton Urban Area, including the 1 1 1 Transit Spine associated with Taunton i : 1 Road and the future Type B Arterial : i : Road associated with the proposed 1 i i Fifth Concession 14th Avenue 1 1 i connection, but excluding Brock Road i i i and Highway 407 and its interchanges, : 1 1 pending further study of matters related ! 1 i to the transportation services of Seaton i .....................................l.............................................................L~.~.~...t.:.~..~~.~.~.~~.t...............................................................................!......,................................................................................................................. 039 1 Schedule II : Deferred road designations for the East i Unresolved: Region of Durham i : Duffins Study Area, including the 1 adopted Amendment No. 51 to the i i Transit Spine associated with Taunton i Regional Plan on January 13, 1999. 1 1 Road, but excluding Brock Road and 1 Ontario Municipal Board approved : i its associated Transit spine, pending i Amendment No. 51 with modifications 1 : further study of matters related to the i on November 18, 1999; City Council I 1 transportation services of Seaton and i passed resolution #50/03 on April 22, i ! the Airport ! 2003 requesting the Region of I I : Durham to resolve Part of Deferral 39 1 lias it relates to the Duffin Heights i 1 i Neighbourhood; the decision on the ! i : Lamoureaux Neighbourhood is 1 i i awaiting the completion of the Growth .....................................1.............................................................1...............................................................................................................................I....~.~.~.~=.~.:.~.~.~..=~~.~~........................................................... 040 1 Schedule II ! Deferred road designations mlating to 1 Unresolved. i i the Airport, pending further study of! ! i matters related to the transportation! i i services of Seaton and the Airport i .....................................t..............................................................j................................................................................................,..............................;............................................,............................................................................ D42 i Schedules II and i Deferred future Highway 7 By-pass: Unresolved. i IV-4 ! designation related to Brougham,! ! i pending consideration of Regional i ! i Amendment No. 37 to identify a future i ! 1 b - ass 1 038 .fl. I ",.,;, IT,~,,,.=!~j 'FlfP0fr~ # I'D,~;"g],~~~.,_.", '~5 f"'; ;, ...- . --,,' 'v ""J Deferred the desi9nation of Altona Road north of a proposed Fifth Concession - 14th Avenue extension, pending further study of matters related to the transportation services of Seaton and the Air ort r~ t=:/l t. v.-t ATTACHMENT (I REPORT II PO 1. TO 6 y- 07 General Plan Review City Council Resolutions City Sustainable Neighbourhood Plan City Benchmarking Sustainability City Sustainable Downtown Pickering Intensification Study City Housekeeping City Duffin Heights Neighbourhood Environmental Servicing Plan (ESP) Sernas Central Pickering Development Plan Province Provincial Policy Statement (PPS), March 2005 Province Greenbelt Plan, December 2004 Province Review and update policies and designations affecting matters such as housing, cultural heritage, minimum distance separation formula, population targets, planning horizon, and accessibility for persons with disabilities. Address outstanding Council resolutions on waste transfer/processing, archaeological master plan, and Whitevale Heritage Conservation District extension. Finalize Sustainable Neighbourhood Design Guidelines (Phase 3 of the Growth Management Study) for Council's approval. Add new policies to the Plan requiring development proponents to address sustainable design principles. Phase Two Work Program for the Benchmarking initiative currently underway. Add Sustainable Pickering indicators and targets to the Plan. Undertake a visioning process for downtown Pickering and establish a long-range strategy for achieving an attractive, vibrant, and sustainable downtown. Add new policies and designations to the Plan where required. Editorial and minor updates to the Plan. ESP under preparation. Results of the Environmental Servicing Plan by June 2007, which may require land-use and transportation amendments to the Plan. Approved May 2006. Requires City to prepare a Master Environmental Servicing Plan, Neighbourhood Plans and Design Guidelines for the Seaton community. Two other studies, the Natural Heritage System Management Plan and the Highway 407 Employment Lands Study currently underway by Province. Add new policies and designations to the Plan where required. Approved March 2005. Requires municipalities to update their official plan to be consistent with the PPS. Approved February 2005. Requires municipalities to implement the Greenbelt Policies and Schedules as part of its five year Official Plan review. /''''-, fjr:.1\r-nJT II 2. TO . . ..1-.;'.1.,.....,-1 '" . EEP0H! II PO -04 -07 "5. .!"~ t.". d Growth Plan for the Greater Golden Horseshoe Population, employment and urban land requirements Bill 51 (Planning and Conservation Land Statute Law Amendment Act) Amendment 114 to the Regional Official Plan Generic Regulation, Ontario Regulation 166/06 Duffins Creek and Carruthers Creek Watershed Plan Draft Terrestrial Natural Heritage System Strategy Draft Rouge River Watershed Plan, November 2006 Province Province Province Region Conservation Authorities TRCA TRCA TRCA Approved June 2006. Requires municipalities to implement the Growth Plan's policies and schedules before June 16, 2009. Pending discussion with Province and Region as part of the Growth Plan conformity exercise. Requires the City to incorporate population, employment targets and urban land boundaries in Plan. Approved January 2007. Certain parts of the Bill require municipalities to implement the provisions of the Bill 51 Regulations while other parts are at the municipality's discretion. For example, municipalities can add policies to an Official Plan providing Council the option of zoning with conditions on a planning application. Add new policies to the Plan where required and use new planning tools and powers. Approved September 2006. Requires municipalities to implement new Regional environmental, rural, commercial and transportation policies in local Official Plans. Approved May 2006. Under the Generic Regulation, a broader scope of natural features and activities, including development within regulated areas and interference or alteration to watercourses, wetlands and shoreline are now regulated. Implement the regulated area by amendment to the Plan where appropriate. Approved August 2003. Appropriate mechanisms to implement the Watershed Plan under review. Draft Strategy mleased August 2006 for review and comment. May require mapping and policies changes to recognize and protect the natural heritage features identified by TRCA. Draft Plan released November 2006 for review and comment. require policy changes to the Plan. May -, 5 ,"" u 0 x ;: (]) ';::; (]) a: c ..!!1 a.. ~ (]) c (]) <.9 . ..... c (]) E "0 C (]) E <( x en c a +=- ::l "0 en (]) a: T5 c ::l a () . ..... c (]) E "0 C (]) E <( A TT ACHMnJT 1/ m:J>oRl # PD x en (]) c ID :Q ::l <.9 c 0> 'in (]) o "0 a a ..c L- a .0 ..c 0> 'Q) Z (]) :0 ro c 'cu ..... en ::l C/) . ..... c (]) E "0 C (]) E <( 3 TO 04-07 x g :.c ro c 'cu en ::l C/) 0> C :s;:: L- ro E ..c u c (]) a:l . ..... c (]) E "0 C (]) E <( x >. 0> (]) ~ ..... C/) c a +=- ro u t;::: 'in c (]) ..... c c ;: a ..... c ;: a o (]) :0 ro c 'cu ..... en ::l C/) . ..... c (]) E "0 C (]) E <( . x x 0> c '0.. 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E E Q) E OQ) '0, ..... -- Q) Q) -o.g Q) "00 Q) ro "'C "'C ro "'C E E Q) E E 0 c c $ c ~ c ~ >- c:: c:: ~ 0 ~ Q) Q) ..... Q) 0 ctl Q) ---- "'C E E E -- -- :0:; Q) 0) Q. c g>E: c -q- 0) ..!!? 0) c c ~ ~ > ~ c E Q) Q) ..- c c ro lU ~ 'f E 'c: <( E ..- 'f :J E ~- ro ro ro (])j1 0) Q)a... ..... "'C c:: ~ "'C C ..... Q) ..... :0:; :0:; (]) :0:; .E " c c c 0 .E Q)"'C C 0) C C Q) ~co Q) ~ C Q) Q) ....... ..... Q) (]) 2 :J Q) C BE E o...-J E E C C,,) C O.s:;; -- 0 -- 0 ro Q) ........Q) "'C 0 'C 0 00 00 0 0 0::: 0 0 - ..... ~ ..- ..... ~ C 0 (]) 0 C ..... a... a... a... :J'- I.O~ (]) C :t=2 ~ c..:J -co E (]) :J lU ~ o Q) =....... (9 0$ a........ coO) ~ 0 Citq (J~ REPORT TO EXECUTIVE COMMITTEE Report Number: OE,S 07-07 Date: February 26, 2007 n5c I:.,' .;); From: Everett Buntsma Director, Operations & Emergency Services Subject: Green River Community Centre Horizon House, Where Heaven and Earth Meet Lease Renewal Agreement - File: A-2130-001-07 Recommendation: 1. That Report OES-07-07 be received by Council, and 2. That the Mayor and the Clerk be authorized to execute a renewal lease agreement to permit the Horizon House, Where Heaven and Earth Meet to continue their use for church purposes at the Green River Community Centre from April 1, 2007 to March 31, 2008 that is in the form and substance acceptable to the Director, Operations & Emergency Services and the City Solicitor. Executive Summary: The Horizon House, Where Heaven and Earth Meet have an existing Lease Agreement to operate their Church at Green River Community Centre. The Horizon House, Where Heaven and Earth Meet have requested to renew this agreement for a further year. The Operations & Emergency Services Department recommend that a renewal agreement be initiated with the Horizon House, Where Heaven and Earth Meet. Financial Implications: 2007 2008 9 months @ $800 3 months @ $800 $7,200 $2,400 $9,600 Report OES-07 -07 Date: February 26, 2007 Subject: Green River Community Centre - The Horizon House, Where Heaven and Earth Meet - Lease Renewal Page 2 r"5f'\ U .:,1' Sustainability Implications: The Horizon House, Where Heaven & Earth Meet, manage and maintain the Green River Community Center on behalf of the City of Pickering. This assists the City's overall staff requirements in the operation of this Facility. This group also provides a spiritual well being for the residents, community and participants that attend regular meetings and services organized by this group in the Gree~ River Community Center. Background: On February 20, 2006, Council passed Resolution #20106 authorizing the execution of an Agreement to renew the Lease with Horizon House, Where Heaven and Earth Meet for their use of the Green River Community Center for church purposes from April 1, 2006 to March 31, 2007. The Horizon House, Where Heaven and Earth Meet have requested to renew this agreement. The Green River Residents' Association have indicated their support for the Church to continue using the Green River Community Center. The renewal agreement allows the Horizon House, Where Heaven and Earth Meet to continue their use for church purposes at the Green River Community Center from April 1, 2007 to March 31, 2008. The Director, Operations & Emergency Services and Division Head, Culture & Recreation recommend that a renewal agreement be initiated with the Horizon House, Where Heaven and Earth Meet. Attachments: 1. Lease Agreement 2. Location Map Report OES-07 -07 Date: February 26, 2007 Subject: Green River Community Centre - The Horizon House, Where Heaven and Earth Meet r~ "u-''"').. - Lease Renewal \..:. \ Page 3 Prepared By: fp Lk-.~ . . ~1 [lj(;ZD___~ Len ~unter Supervisor, Facilities Operations E~erett Buntsma Director,'if!J:~ Emergency Services ~.~_~;75jl". . Stephen R~ds Division Head, Culture & Recreation SR:lg Copy: Chief Administrative Officer Director, Corporate Services & Treasurer City Solicitor Recommended for the consideration of P:::~~=:;:+--, i"",:",:,(J j'/,.' ,~", '.7-'~ ( ....,,"'..".'J ...... '""" ; -' , TI)6mas J. Qutpin, RQMR., Chief Administrative Offi r // ----- ----..... S ('7-l- ).--7- '.- I ; f'or): e~(' --'1 LEASE AGREEMENT '\ 6' ~ l: .1 THIS LEASE is dated April 1 , 2007 BET WEE N: THE CORPORATION OF THE CITY OF PICKERING (the "City") - and - HORIZON HOUSE, WHERE HEAVEN AND EARTH MEET (the "Tenant") ARTICLE I-INTERPRETATION Definitions 1. In this Lease, (a) "Commencement Date" means April 1 ,2007; (b) "Lease" means this lease as it may be amended from time to time; (c) "Leasehold Improvements" includes without limitation all fixtures, improvements, installations, alterations and additions from time to time made, erected or installed by or on behalf of the Tenant in or on the Premises; (d) "Premises" means the lands IElgally described as part of Lot 34, Concession 6, designated as Part 1 on Plan 40R-6910 in the City of Pickering, Regional Municipality of Durham and the building located thereon known as the Green River Community Centre; (e) "Property Taxes" means all real estate taxes, school taxes, levies, rates, duties, assessments and charges imposed against; (f) "Rent" means the rent payable pursuant to Section 13; (g) "Sales Taxes" means all sales taxes, value added taxes and any other taxes imposed on the City or the Tenant in respect of the Rent or the provision of any goods or services by the City to the Tenant under this Lease; and (h) "Term" means the term of this Lease as set out in Section 11. Headings 2. The division of this Lease 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 Lease. Horizon House Lease "1 - c --, Paae 2 '\ ,... ,,-, lot.:. ftA(<)<2 ;=~c:l'-, Severabi I ity 3. All of the provisions of this Lease 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 Lease and the remaining provisions of this Lease shall remain in force. Number 4. Wherever a word importing the singular number only is used in this Lease, such word shall include the plural. Words importing either gender or firms or corporations shall include the other gender and individuals, firms or corporation where the context so requires. Governing Law 5. This Lease shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario. Entire Agreement 6. This Lease constitutes the entire agreement between the parties concerning the Premises and may only be amended or supplemented by an agreement in writing signed by both parties. ARTICLE II - GRANT AND USE Grant 7. In consideration of the performance by the Tenant of its obligations under this Lease, the City leases to the Tenant the Premises for the Term and covenants to observe and perform all of the covenants and obligations to be observed and performed by the City under this Lease. In consideration of the performance by the City of its obligations under this Lease, the Tenant takes the Premises on lease from the City and covenants to pay the Rent and to observe and perform all other covenants to be observed and performed by the Tenant under this Lease. Use of Premises 8. The Premises shall be used only for the purposes of a church, church socials, religious education and for no other purpose without the prior written consent of the City. Nuisance 9. The Tenant shall not carry on any business or do or suffer any act orthing that constitutes a nuisance or which is offensive or an annoyance to the City. Shared Use 10. Notwithstanding anything in this Lease, the Tenant shall allow the Green River Residents Association to use the Premises for community meetings on Mondays, Tuesdays and Fridays and for other functions on an occasional basis on other days except Sundays, so long as there is sufficient time to appropriately clean the Premises prior to the Tenant's use. Horizon House Lease i . J ' \. Hi.:!o'()f(r ;.;;UE;S.:: (j 7 -0 1 Page 3 (:('.:\..(\<2. .:3 c>.(:- \ --, y) .~ ('\ t"'<: ':..:0.) ARTICLE III - TERM Term 11. The term of this Lease shall be one (1) year from the Commencement Date to March 31, 2008. Overholding 12. If the Tenant remains in possession of the Premises after the expiry of the Term, there shall be no tacit renewal of this Lease or the Term, notwithstanding statutory provisions or legal presumption to the contrary, and the Tenant shall be deemed to be occupying the Premises as a tenant from month to month at a monthly rent double that set out in Section 13 and otherwise upon the same terms, covenants and conditions as are set forth in this Lease insofar as they are applicable to a monthly tenancy. ARTICLE IV - RENT, TAXES AND OTHER CHARGES Rent 13. The Tenant shall pay to the City as rent during the Term in lawful money of Canada the sum of Nine Thousand and Six Hundred Dollars ($9,600.00) per annum in equal monthly instalments of Eight Hundred Dollars ($800.00) each on the first day of each calendar month during the Term, the first of such payments to be made on the Commencement Date. 14. The Tenant shall, at the request of the City, supply post-dated cheques for the Rent. Sales Taxes 15. The Tenant shall pay to the City all applicable Sales Taxes at the same time as the amounts to which such Sales Taxes apply are payable to the City under the terms of this Lease. Property Taxes 16. The Tenant shall pay all Property Taxes and any taxes imposed as a result of any business carried on in the Premises by the Tenant. Utilities 17. The City shall pay all charges for electricity and for fuel for heating. The Tenant shall pay all charges for garbage removal and all other operating and maintenance costs and expenses except as otherwise provided in this Lease. ARTICLE V - MAINTENANCE, REPAIRS AND ALTERATIONS Maintenance and Repair of Premises 18. The Tenant, at its sole cost and expense, shall maintain the Premises in a good and substantial state of repair and keep the Premises clean and free from all refuse. '\ 6 /'1 U q f'o.C\ e ....I OEo:::;; ()] - 07 Paoe 4 cl' I Horizon House Lease leasehold Improvements 19. The Tenant shall not make, erect, install or alter any Leasehold Improvements in or on the Premises without having first obtained the City's written approval. The Tenant's request for any approval shall be in writing and accompanied by an adequate description of the contemplated work and, where appropriate, working drawings and specifications. All work to be performed in the Premises shall be performed by competent contractors and subcontractors of whom the City shall have approved, such approval not to be unreasonably withheld. All such work shall be subject to inspection by and the reasonable supervision of the City, and shall be performed in accordance with any reasonable conditions or regulations imposed by the City and completed in a good and workmanlike manner in accordance with the description of work approved by the City. Removal 20. The Tenant shall remove from the Premises, at its expense, all Leasehold Improvements, furniture and equipment at the expiration or earlier termination of this Lease and shall repair any damage caused to the Premises by the installation and removal. Where required by the City, the Tenant shall restore the Premises to the condition they were in prior to the installation of the Leasehold Improvements, furniture and equipment being removed. ARTICLE VI . INSURANCE AND INDEMNITY Tenant's Insurance 21. The Tenant, at its sole cost and expense, shall take out and maintain, (a) insurance upon property owned by it which is located on the Premises; and (b) commercial general liability insurance pertaining to the Tenant's liability to others in respect of injury, death or damage to property occurring upon, in or about the Premises, such insurance to be of an amount which is reasonable and sufficient having regard to the scope of the risk and the current practice of prudent owners of similar premises for the carrying on of similar businesses, but in any event in an amount not less than five million dollars ($5,000,000.00) 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. 22. Prior to the Commencement Date, the Tenant shall file with the City a Certificate of Insurance, in a form satisfactory to the City, verifying that the commercial general liability insurance policy is in effect and setting out the essential terms and conditions of the insurance. 23. The provision of any insurance policy required by this Lease shall not relieve the Tenant from liability for claims not covered by the policy or which exceed its limits, if any, for which the Tenant may be held responsible. Horizon House Lease OE <; C) L7 -(.: fpaqe 5 poc,E- S of I .J Insurance Risks 't 6.- !;', ',1'~' '.... J. 24. The Tenant shall not do, omit to do, or permit to be done or omitted to be done upon the Premises anything that may contravene or be prohibited by any of the City's insurance policies in force from time to time covering or relevant to any part of the Premises or which would prevent the City from procuring its policies with companies acceptable to the City. If the occupancy of the Premises, the conduct of business in the Premises or any acts or omissions of the Tenant on the Premises causes or results in any increase in premiums for any of the City's insurance policies, the Tenant shall pay such increase to the City. Indemnification 25. Each of the City and the Tenant shall indemnify and save harmless the other from and against any and all actions, losses, damages, claims, costs and expenses (including solicitors' fees on a solicitor and client basis) to which the party being indemnified shall or may become liable by reason of any breach, violation or non-performance by the party so indemnifying of any covenant, term or provision of this Lease or by reason of any damage, injury or death occasioned to or suffered by any person or persons including the City or the Tenant, as the case may be, or any property by reason of any wrongful act, neglect or default on the part of the party so indemnifying or any of those persons for whom it is in law responsible. For greater certainty, the limitation of liability set out above in this section does not extend to claims, losses or damages resulting in whole or in part from the gross negligence or wilful misconduct of the party claiming indemnification, its employees or those for whom it is in law responsible. ARTICLE VII - REMEDIES ON DEFAULT City's Right to Re-Enter 26. If any amount payable to the City under this Lease shall remain unpaid for fifteen (15) days after the Tenant has received notice thereof, then it shall be lawful for the City at any time thereafter to re-enter the Premises. City's Right to Remedy Default 27. In addition to all other remedies the City may have under this Lease and in law, if the Tenant is in default of any of its obligations under this Lease, and such default has continued for a period of ten (10) days after receipt of notice by the Tenant (or such longer period as may be reasonably required in the circumstances to cure such default, except in an emergency where the City will not be required to give notice), the City, without prejudice to any other rights which it may have with respect to such default, may remedy such default and the Tenant shall be responsible for all such costs. Waiver 28. No condoning, excusing or overlooking by the City of any default, breach or non-observance by the Tenant at any time or times in respect of any covenant, obligation or agreement under this Lease 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 '1" """ COu breach, and no waiver shall be inferred from or implied by anything done or omitted by the Tenant save only an express waiver in writing. '~h,CH!j~d.) : iiL,,:((/ REPORT #.QE~~ Lj 7 -07paoe 6 fb-C\, e ((;) f*'( J Horizon House Lease ARTICLE VIII . MISCELLANEOUS Quiet Enjoyment 29. The City shall permit the Tenant to peaceably possess and enjoy the Premises during the Term without any interference from the City, or any person lawfully claiming by, from or under the City provided the Tenant is not in default. Right of Entry 30. The Tenant shall permit the City and authorized representatives of the City to enter the Premises during normal business hours for the purpose of inspecting the same on prior notice to the Tenant (except in an emergency where no notice shall be required), and the Tenant shall arrange for such entry at a time convenient to both parties. The City shall use its best efforts to minimize the disruption to the Tenant's business operations during any such entry. Signs 31. The Tenant shall be permitted to maintain an identification sign at or near the front of the Premises. Such sign shall only contain the name or style under which the Tenant is operating, the names of its leaders, and the times of its activities, unless otherwise approved in writing by the City. The Tenant shall not otherwise paint, display, inscribe, place or affix any sign, symbol, notice, lettering or display of any kind anywhere outside the Premises or within the Premises so as to be visible from the outside of the Premises without the prior written consent of the City. Any signs installed by the Tenant shall be removed from the Premises at the end of the Term. Compliance with Laws 32. The Tenant, 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 or occupation of the Premises by the Tenant or the making of any improvements to the Premises by the Tenant. Notice 33. Any notice required to be given by the Tenant to the City under this Lease 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 Horizon House Lease ..t . .- OES 0-7.-:0'( pC""'j€ ( 0-\ \ ( Paqe 7 ".. rt. l-Cii,T l~~~ 01 'l or such other address of which the City has notified the Tenant in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. 34. Any notice required to be given by the City to the Tenant under this Lease shall be in writing and shall be delivered to: Horizon House Where Heaven & Earth Meet 190 Phyllis Avenue Scarborough, ON M1 M 1Y8 Attention: Walter Psotka, President or such other address of which the Tenant has notified the City in writing, and any such notice delivered shall be deemed good and sufficient notice under the terms of this Lease. Assignment and Subletting 35. The Tenant shall not assign this Lease or sublet all or any portion of the Premises without the prior written consent of the City. Successors and Assigns 36. This Lease shall enure to the benefit of and be binding upon the parties and their respective successors (including any successor by reason of amalgamation or statutory arrangement) and permitted assigns. IN WITNESS WHEREOF the parties have executed this Lease. THE CORPORATION OF THE CITY OF PICKERING PER: David Ryan, Mayor PER: Debi A. Bentley, Clerk HORIZON HOUSE, WHERE HEAVEN AND EARTH MEET PER: Walter Psotka, President PER: Peter Lunde, Treasurer ~.;d ,'",C,"',,",,',e -, C' P""7 o-'~ ,'" , -" l' - { '~;'~ . -, ......... ~ 03000323000 ONTARIO REALTY CORPORATION \, , " '. GREEN,RIV SUBJECT PROPERTY 1 SUBJECT BUILDING ...t 1'0 w Z .-J W o (f) , - ----.-------J' --- OPiEl}tv1~~~SD~:~~~i~iY LEASE RENEWAL AGREEMENT ew,o~ MUNICIPAL PROPERTY & ENGINEERING DIVISION GREEN RIVER COMMUNITY CENTRE SCALF., NTS ~~BRUARY9/2007 ATTACHMENT FOR REPO_RT OES-07~07_ L:\MPandE\Thematic Mapping \ Maps \MP&E - Admin\Repor! REPORT TO EXECUTIVE COMMITTEE Report Number: OES 09-07 Date: February 26,2007 From: Everett Buntsma Director, Operations & Emergency Services ~, P'''' \.' 0 <1 Subject: Standard Grade Separation Reconstruction Agreement - Canadian National Railway Company - Rosebank Road Bridge, Mile 3.5 York Subdivision - File: A-2130 Recommendation: 1. That Report OES 09-07 regarding the Standard Grade Separation Reconstruction Agreement for the Rosebank Road bridge, be received; and 2. That the Mayor and the Clerk be authorized to execute the attached Standard Grade Separation Reconstruction Agreement with the Canadian National Railway Company. Executive Summary: In 2004 the Canadian National Railway Company was in the process of planning for repairs to the existing bridge deck on the Rosebank Road bridge north of Sheppard Avenue. The scope of the work to be carried out by the Canadian National Railway Company was to remove and replace the entire bridge deck along with the existing sidewalks and handrails. The City had identified the widening of this existing bridge deck and reconstruction of the road approaches as a project in our Development Charges Study. The City also recognized this as an opportunity to partner with the Canadian National Railway Company and have these improvements carried out at the same time. The project commenced in late 2004 and was completed in 2005 and the City is obligated to renew their existing Board Order agreement, which identifies the apportionment of costs for the maintenance of this structure by both parties. Financial Implications: Based on the Canadian Transportation Agency's Guidelines on Apportionment of Costs for Grade Separations and dialogue with the Canadian National Railway Company, staff are recommending an apportionment of 50% by the railway and 50% by the City on the maintenance costs of the structure. The City will continue to be 100% responsible for the cost to maintain the asphalt surface. Report OES 09-07 February 26, 2007 Subject: Standard Grade Separation Reconstruction Agreement Canadian National Railway Company Rosebank Road Bridge, Mile 3.5 York Subdivision '0 "... Page 2 U '/ "i Sustainability Implications: The bridge improvements will continue to promote a vibrant transportation route and connectivity of the Community. It will enhance the walking environment for those who choose to walk to work, shopping and recreational destinations as well as maintaining a local transit route. It is a sustainable project that betters the experience our residents and Community have already enjoyed. Background: In 2005 the City partnered with the Canadian National Railway Company to remove the existing bridge deck on the Rosebank Road bridge north of Sheppard Avenue and have it widened to it's ultimate width as identified in the City's Development Charges Study. Now that the project is completed it is time to renew our existing Board Order agreement, which outlines the apportionment of maintenance costs for both parties. Based on the Canadian Transportation Agency's Guidelines on Apportionment of Costs for Grade Separations and dialogue with the Canadian National Railway Company, Staff are recommending a 50% / 50% split on the maintenance costs of the structure and 100% City responsibility for the asphalt riding surface. Staff are also recommending that the attached Standard Grade Separation Reconstruction Agreement be executed by the Mayor and the Clerk and forwarded to the Canadian National Railway Company for their execution of the document. Attachments: 1 . Location Map 2. Standard Grade Separation Reconstruction Agreement Prepared By: ( I .' .('f f" It l/ ,'Ii! ~.",: y .'-;1, J/ ',1 ) (~l r:\:,/{?~:~t/~ Darrell B. Selsky V rt- Supervisor, Engineering & dipital Works ~_...... a ions & Emergency Services Report OES 09-07 Subject: Standard Grade Separation Reconstruction Agreement Canadian National Railway Company Rosebank Road Bridge, Mile 3.5 York Subdivision February 26, 2007 " "(.,,, , I " L' J.. Page 3 DS:nw Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering City"Council /I MUNICIPAL PROPERTY & ENGINEERING 07;2 Attachment for Report to Council OES-9-07 ROSEBANK ROAD - C.N.R. BRIDGE REHABILITATION ,R. ~ z <( m LAN E It! 0~TLJ~E CR~ry NATIONAL SUBJECT AREA o <( o cr . i iJ d . ~_J ~ [TRAil/ (3 ~UR'ER ~ ~rr] - mJf[ RAILWAYS <( FOXWOOD SHEPPARD AVENUE ~_~____-.r-- ~ ~J lr~ ~-: ---- o -< DRIVE Z 3 cr SUNDOWN 0 .J 8 , L. CRE~J l~~ ; ---~ rC.-AiT All. U ~AINY DAY ~ z <( m w (f) o IY LOCATION MAP L:\MPandEIPrajects & Schedu/inglAttachments far Repart Ta Caunci/\OES-9-07 Rasebank Raad CNR Bridge.dac STANDARD GRADE SEPARATION RECONSTRUCTION AGREEMENT nt'Jr." \.. I ..J THIS AGREEMENT effective as of the 13th day of September, Two Thousand and Four. BETWEEN: CANADIAN NATIONAL RAILWAY COMPANY (hereinafter called the "Railway") - and - THE CITY OF PICKERING in the Province of Ontario (hereinafter called the "Road Authority") WHEREAS Order No. 109291 of the Board of Transport Commissioners for Canada, dated Thursday, the 18th day of October, AD. 1962, authorized the Railway, to construct a grade separation at mileage 2.73, now referred to as mileage 3.50, on the York Subdivision, in the Township of Pickering, in the Province of Ontario (herein after the "original grade separation"); AND WHEREAS it is the Railway's intent to reconstruct and the Road Authority's intent to widen the "highway" namely Rosebank Road crossing over the right-of-way and track of the Railway at mileage 3.50, on the York Subdivision, (hereinafter the "grade separation"), in the City of Pickering, in the Province of Ontario, as shown on Plan No. C-25900 dated March 26,2004 (hereinafter the Plan); NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this agreement, the parties agree as follows: 1. The Railway will carry out the work as shown on the Plan. 2. The parties are required to fulfill their respective obligations under the Railway Safety Act. For the purposes of the Railway Safety Act, the Railway is considered to be the "proposing party" of this project. 3. The cost of reconstruction and widening shall be paid by both parties in accordance with the terms recorded in the letter, dated September 13, 2004 from John MacTaggart, Canadian National Railway, attached hereto as "Appendix A". 4. The Railway shall prepare all accounts using rates as stipulated in the latest "Guide to Railway Charges for Crossing Maintenance and Construction" as issued by the Canadian Transportation Agency. In the event that the Canadian Transportation Agency should discontinue publishing same, the accounts shall be prepared in accordance with standard rates adopted by the railway industry in Canada, or in their absence, in accordance with standard rates adopted by the Railway. Initials: eN RA Page 1 w:\line-op5\grade separalions\york\J.50 rose hank rd\Ol . correspondence\ilgreemenI13-sppl.04.doc n ~7 ,~ C' '-1: If there should be no standard rates in effect for work done by the Railway, the accounts shall be based on actual costs plus allowances for the Railway's overhead. 5. The cost of maintaining the grade separation, excluding the asphalt surface, shall be paid 50% by the Road Authority and 50% by the Railway. The cost of maintaining the asphalt surface shall be paid 100% by the Road Authority. The physical work associated with the maintenance of the grade separation shall be carried out by the Road Authority. 6. The Railway shall be responsible for the design, reconstruction and widening of the grade separation. 7. The Road Authority shall maintain all fencing and drainage systems required as a result of the grade separation at their cost. 8. If at any time during the continuance of this agreement either party wishes to widen, relocate, make more narrow or otherwise upgrade (the "further reconstruction") the grade separation, the terms associated with the further reconstruction will be agreed to by the parties by means of a written agreement between them. 9. This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, and all applicable federal laws and regulations. 10. This agreement is not assignable without the prior written consent of both parties which consent will not be unreasonably withheld. Except in the event of the transfer of its line for continued operations, the Railway will have the right to assign this agreement to any subsequent owner. 11. This agreement shall become effective on the date appearing on page 1 of this agreement and shall continue until either the Railway discontinues its operations, or the Road Authority closes the Highway, at this location, or upon the written consent of both parties. 12. Upon termination of this agreement, unless terminated by a relocation or reconstruction, the terms of which are to be set out in a subsequent agreement, the Railway, as the initiator of the original grade separation, shall be responsible for all future costs associated with the existence of the grade separation, including the cost of maintaining, or dismantling the grade separation and restoring the Railway and Road Authority property to its original or mutually agreed upon condition. 13. Notwithstanding the termination of this agreement, unless terminated by a relocation or reconstruction, the obligations of the Railway as to clause 12 set forth in this agreement shall survive any such termination and shall remain in force until discharged. 14. Upon execution, the Railway may file this agreement with the Canadian Transportation Agency. Initials: CN RA Page 2 w:\line-ops\grade separation5\york\3.50 rosebank rd\Ol . cnrrespondence\agreement 13.sept.04.doc r~ 7' """ l'.\.J 15. Subject to clause 14, this agreement is confidential and the agreement or any of its terms and conditions shall not be disclosed to any third party, person or association except and to the extent as may be required by law or upon the prior written consent of all parties hereto. 16. If either party fails, at any time, to fulfill its obligations provided in the present agreement, the other party, at its option, may upon reasonable notice, undertake the necessary measures to ensure safety, at the risk and expense of the responsible party as defined in clauses 3, 4, 5, 6 and 7. 17. Any dispute relating to the wording and interpretation of the clauses in this agreement will be resolved in accordance with to the arbitration act of the province in which the grade separation is located. 18. The preamble to this agreement forms an integral part of the agreement. IN WITNESS WHEREOF, the parties have caused the agreement to be executed by their respective representatives hereunto duly authorized, as they declare, as of the date first above written. CANADIAN NATIONAL RAILWAY COMPANY General Manager (Witness) (Date) THE CITY OF PICKERING (Title) (Witness) (Date) Page 3 w;\line-ops\grade separations\york\3.50 rose bank rd\Ol ~ correspondence\agreemcnl 13-sept-04.doc . ~ t SEP 21 '04 11:10 FR PUBLIC WORKS 905 420 4650 TO 919057603406 P.02/03 Division Engineering Engineering Services -< l'g z ~ =-- =-- -< eN Canacll)lfl National Railw~y "1 Administration Road P.D.lIOl( 1000 Contardo On!:lrio L41< 1 89 13 Septenlber 2004 Oty of Pickering One the Esplanade Pickering, ,Ontario LIV 6K7 Attn.: Mr. Darrell B: Selsky SupeMsoI, Municipal Works Subject: Rosebank Road Bridge Repairs and Wide~ing Dear Mr. Selsky: Thank you for the purchase order in the amount of $1.2 million covering the City's portion of the bridge repair and widening project. It is understood that this purchase authority supercedes previous purchase authority received from the City for this p+,oject and" that the City will arrange to cancel previous pllI'chase orders issued. " As mentioned some time ago, the work to be carried out at th~Rosebank Road. bridge must be covered under an agreement to be exec~ted ~etw"een the City and Railway. In the past, this work would have been authorized. through the Canadian Transportation Agency by way ofa Board Order, however, the" Agency downloaded this aspect of the work to the railways in 1996. The agreement, once executed by both parties will be forwarded to the Agency for their records. The Agency will issue a Board Order numbe~ but the order will simply refer to our agyeement. Commencement of work does not have to wait for any authority from -the Agency. While we do wish to begin work inlluediately, \-ve do not have a signed agreement. In order to begin construction we must at least have concurrence on apportionment of the construction costs as per our last cost breakdown spreadsheetl copy attached. You will note in the spreadsheet that the Railway has assumed the cost for any of the contingencies associated with the City's portion of the project, up to $92,168.96. This assumption of contingencies took the Railway up to OUI authorized limit and helped to reduce the City's cost to within their authority. Should there be a need to cover contingency item costs beyond tJlose estimated then those costs could be covered off in our respective 2005 budgets and be apportioned according to the cost breakdown spreadsheet. VIA FAX 905-420-4650 (7 pages) . _., t SEP 21 '04 11:10 FR PUBLIC WORKS 905 420 4650 TO 919057603406 P. 03/03 078 In lieu of an executed agreement to commence \york, a..J1.d in order to get authority to award the contract would you please provide your concurrence with the project construction cost a.pportionment as discussed by signing this letter where indicated and faxing a copy to the undersigned at 905-760-3498. Our Senior Executive has approved the award of conb'act pending agreement on project cost apportionment. Should you have any questi.ons please call the undersigned at 905-669-3155. Sincerely, i:!(1;I~tP.Eng. Senior Engineering Services Officer I concur ~~~~~- ~ ~ . . . IICEASvieRJt. City of. Pickering Prlge 2 z o c;; :> c' 030 ::::l~ cnz X:O 0:- 0'" >-g ...0: ::ilii ~~ ~o Clo: ~g Zw :g03 ;:ui olI~ zz 0< -:J: ~o !::~ ..Jw -... 03_ <z :I: 0 ~O Ww Clcn 0< _In O:cn O3w 00"" <-0 00:0 C-N 0: 0 - x:-CIC) Zln~ c(0.c O3WE ~!!1.l!l 0>0. o:~~ o o ui .... 00. ~ o "' .... '" o o '" ~ ri .. '" o E CD :.:=ltJ ,,- :g:;j "0 C- OW _ 0 nU " " e5 ~2 J'l.c CE " 0 ~ E o ~ ~ " ;;;0- Co Wo 000 ~8 ~~ "'.. UJ" OW 8~ ~~ g.~ oZ UU N . . . . I I . I . : ~. ~. ~ ~ . VlUJUJUJUJ -' -' -' -' -' I '" .. ,,; '" .. oj .. '" o ci ... '" ,,; ... .. ~ " ~ C) <1: 1ii Q. .. ~ I '" I I . [. I I I I .- . I. . I I'. I o o a:i .... oo .. 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Z Z ~ 0'" ;: fZ oJ en e m 2 U .J Z z e 0; Z 0 l!!. ~~ :r OJ I- ~ " 0 iii ~ 0 w 0 <:> 111 <:> ;:: + ~ ~ en <:> '" iii ~ <:> 0 Z 0 0; 0 ~ I- ~6 !2. w 0 C Z c; :Ii 111 !i en Q. 0 :e < III 0 :i. ;:: oJ :; 0 0 z oJ", ~ 0 ~ oJ ~ ~ < ~ :J e " " " I- Z 111 :J:: :J:: ii: 5l 1-" I- 0 <C (I) .. m .. .. 0 0 ~ '" en en w !i om ~ Z W z I-- 0.. Q. Q. 0.. I- 0 u.. 0.. l- I- > I-e 0 0:: u: : ::E 111 !:: < III 0 0 111 u.. <:> J: ., " oJ ::E z '" 'l; '" .". 8 t' l u ,.: uj ci w o => oJ o ~ I- o Z o o w > o ~ en w a: => <:> u: oJ oJ < City 0# REPORT TO EXECUTIVE COMMITTEE Report Number: OES 11-07 (} 8 'f Date: February 26, 2007 From: Everett Buntsma Director, Operations & Emergency Services Subject: Pickering Museum Village Request to Deaccession Artifacts - . File: A-2130-001-07 Recommendation: 1. That Report OES 11-07 of the Director, Operations & Emergency Services regarding the request to deaccession Pickering Museum Village artifacts be received; 2. That the deaccessioning of the Pickering Museum Village artifacts listed in Attachment 1 be approved; and 3. Further, that the appropriate officials of the City of Pickering be authorized to give effect thereto. Executive Summary: The Pickering Museum Village Collections Management Policy requires approval from Council to deaccession artifacts that no longer fit within the mandate of the Pickering Museum Village. The Pickering Museum Village Advisory Committee approved the list of artifacts to be deaccessioned at their meeting on May 30,2006. As per the Collections Management Policy, approval by Council is now required before these artifacts can be deaccessioned. Financial Implications: As outlined in the Collections Management Policy, City staff are required to follow a process to deaccession artifacts. City staff will first make every reasonable effort to advise the original donor and provide them with an opportunity to retrieve the item if so desired. Next, City staff will notify local heritage organizations that these items are available for donation. If the item is still not retrieved, City staff may then offer the item to the public for sale. Report OES 11-07 February 26, 2007 Subject: Pickering Museum Village - Request to Deaccession Artifacts Page 2 " o. rc~ U 0';;) In all of these cases, the responsibility to remove and relocate artifacts is the sole responsibility of the interested party not the City of Pickering. If artifacts are sold, the City of Pickering will generate revenue. Sustainability Implications: The Pickering Museum Village is .a living history museum that educates our community about the life of Pickering's early settlers through first person interpretation and the use period artifacts. Assessing the artifact collection and deaccessioning of those items that no longer fit the Museum's mandate is an example of responsible development. Deaccessioning these artifacts improves the available space on site and the programming opportunities for staff to provide a more authentic experience to our community. As per the Collections Management Policy, the Museum's methods to deaccession the artifacts is an example of healthy environment. The goal is to relocate the artifact to be enjoyed by others in our community. This is an attempt to sustain our social history and keep our environment healthy. Background: As per the Collection Development Policy, artifacts belonging to the Pickering Museum Village may be assessed and deemed to not fit within the mandate of the Museum. After such assessment, the artifact may be recommended for deaccessioning by the Education & Collections Officer. As per the Collections Management Policy, this recommendation must be approved by the Pickering Museum Village Advisory Committee and then forwarded to Council for approval. In 2006, the Education & Collections Officer recommended the deaccessioning of a specific list of artifacts. The Pickering Museum Village Advisory Committee approved the deaccession of artifacts, listed in Attachment 1, at their meeting on May 30, 2006. Council approval is required to deaccession the list of artifacts as recommended by City staff and approved by the Pickering Museum Village Advisory Committee. CORP0227-07/01 revised Report OES 11-07 February 26, 2007 Subject: Pickering Museum Village U86 - Request to Deaccession Artifacts Page 3 Attachments: 1. List of Artifacts Recommended to be Deaccessioned 2. Collections Management Policy 3. Pickering Museum Village Advisory Committee Minutes dated May 30,2006 Prepared By: Approved I Endorsed By: ~ ../.,,,,, /. / (Marisa Carpino'.' . . Supervisor, Culture & Recreation Everett B sma Director, Operations & Emergency Services ~ "-.""-. .CW."......"'....- ...~.'. "" .' l' . -. 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"0 en roO roO ~ 0 0 5' CD CD en en (i)' 0' 0' .... .., .., 3' CD (\Q~ to ( .- C1l 3 (/) .- o 0- C1l )> (') (') C1l "0 .- C1l 0- .... o ..., o C1l ro (') (') C1l (/) (/) o' ::l ::l (Q "l 8 ,.. li... its ATTACHMENT#.2rc oES il-07 poqe ,cf3 Collection Manaaement Policy . As a responsible steward of those artifacts in its possession, the Pickering Museum Village will establish procedures for, and maintain proper documentation of, the acquisition, use and deaccessioning of those artifacts. As part of that documentation, all pertinent information regarding the history of the artifacts will be recorded and preserved. Guidelines: 1. The Collections Officer will be responsible for maintaining all records relating to management of the collection. The Collection Committee will review the management of the collection annually. 2. Acceptance of any artifact will be approved by the Collections Officer and/or the Collections Committee according to the parameters set out in the Collections Development Policy. 3. Once accepted into the collection, the artifact will be entered into the Collections Register, giving the date of accessioning, the artifact number, a brief description of the object and the name of the donor. 4. As part of the acquisition of any artifact, a donor form signed by the donor will be completed to establish the Museum's ownership of the object. In the case of a purchase, the purchase receipt or copy will be kept in the master file. 5. A master file will be kept for each donation or purchase. It will contain: - the original documentation of the purchase or donation along with any notes on the provenance of the object(s). Such provenance must be capable of verification. Where such information is not verifiable, due note must be made. - a catalogue tracking form that is used to ensure all steps of the process are completed. - any other documentation provided by the donor, such as pictures, evaluations, etc. 6. Two cataloguing systems will be maintained, one for the "core" collection and a separate inventory for the "program" collection. In order to differentiate the systems, all "core" artifacts will have a number beginning with "X" and all "program" artifacts with an "R". - RePORT #","Q~S i l-O-l puqe ) 0"-("-; 7. All new acquisitions will be catalogued using the Access to Collections software provided through the Ontario Museum Association and using the Chen hall nomenclature for classification. d.,. i-~ Qr'";. '- 0 .:J 8. A photographic record will be kept of all new acquisitions as part of the cataloguing process. 9. Previously accessioned artifacts will also be entered into this system. Photographic records will be created. as they are added into the electronic catalogue system. 10. A hard copy of all catalogue records will be maintained in the storage area of the Puterbaugh Schoolhouse and the electronic records will be backed up on the City of Pickering computer server that is accessible to the Museum. 11. Catalogue numbers will be affixed to artifacts in a manner that will prevent damage to or deterioration of the object. Canadian Conservation Institute guidelines for marking different materials will be used for this process. 12.As part of the recording system, a location file will be kept for each building and storage area and cross-referenced on the catalogue entry for each artifact. 13. Loans to other recognized institutions may be approved for a set period of time providing the institution can ensure handling, storage and display will meet requirements to safeguard the artifacts. This will include proper environmental controls and security precautions for both storage and display and returning the objects as packaged by Pickering Museum Village. The borrowing institution will be responsible for the cost of packaging, shipping and adequate insurance coverage. 14.lncoming loans will be discouraged except for the purpose of a temporary exhibition or a specific research or educational project. 15. For both outgoing and incoming loans, a condition assessment, with photographic documentation, will be required by Pickering Museum Village at the time of the loan. 16. Where applicable, the Museum will follow all guidelines and maintain records required by municipal, provincial or federal statutes, such as for firearms or hazardous materials that may be held in the collection. 17. The Collections Officer will ensure that all staff and volunteers employed in the cataloguing process have been trained in the purpose and proper procedures of the system. "a ,''"'' r:>1,'v',' C0 OE:S II -07 .~ paq e 3. 0-{ 18. Using the Statement of Purpose and the parameters set out in the Collection Development Policy, artifacts may be assessed and deemed to not fit the mandate of the Museum. After such assessment, the artifact may be recommended for deaccessioning by the Collections Officer. Such recommendation must be approved by the Advisory Committee and then forwarded to Council for approval. (see Disposal of Artifacts for steps to be followed once an artifact is deaccessioned.) 19. Artifacts which are of specific significance to recognizable cultural, ethnic or religious groups may be returned to such groups upon their request under specific guidelines. Such groups must be able to assure the Museum that the object is integral to the beliefs or culture of the group and that they are able to provide proper care of the object according to accepted conservation methods. Return of such objects will be approved by the Museum Advisory Committee and approved by Council. 20. A catalogue of deaccessioned artifacts will be maintained and will contain the original catalogue information, documentation of the reason(s) for deaccessioning and approval, and documentation of the disposal of the artifact. Note will be made with the original entry in the Collection Register of the date of deaccessioning. Disposal of Artifacts: Once an artifact has been deaccessioned according to the Guidelines of the Collections Management Policy, the following procedure for disposal will be used: * a) The Museum will make all reasonable efforts to inform the registered donor or family (if donor is deceased) that the object is to be disposed of and that they will be given one month from the date of notice in which to reply if they desire the object returned to them. b) Following such period, other local museums will be notified of the object's availability and c) The Ministry of Tourism, Culture and Recreation's Museum Section will be given the option of including the object on the Provincial Donor's List. Providing all of these steps have been followed, the object may then be offered for sale to the public by whatever vehicle the Collection Committee sees as necessary. No member of the Collection Committee, the Museum Advisory Committee or the Museum staff will be allowed to purchase the object. *If however, an artifact is in a total state of disrepair as determined by a professional conservator, then the artifact may be destroyed. CiUI o~ 3 065 iI-<.n petct' l <.'1 '3 Minutes I Meeting Summary :J Pickering Museum Village Advisory Committee May 30,2006 6:00 pm Redman House Program Centre / Site Meeting Attendees: Laura Drake, Chair Bill Weston Bill Gosse Paul Savel Stephen Reynolds Kim Kranc Katrina Pyke Rose Cowan r,"'~'.O":; ':" v.l Regrets: Bill McLean, Regional Councillor - Ward 2 Absent: Pat Dunnill Bill Utton Item / Details & Discussion & Conclusion Action Items / Status Ref # (summary of discussion) (include deadline as appropriate) 1.0 Site Tour Visited the Steam Barn and Harold gave a tour and an update on what has been happening Visited various buildings and made a list of items that require attention, prior to upcoming events 2.0 Welcome I Laura provided "congratulations" on the Easter Parade and award for "Best Theme" 3.0 Approval of Agenda & Minutes (June 28 & October 5) Motion Moved by Bill Weston Seconded by Paul Savel . That the minutes from the January 31 meeting be accepted CARRIED 4.0 Budget Updates Steve provided budget.updates CAPITAL: _15t portion of funds were approved by Council for Phase 3 of the Hotel Restoration Project Page 1 CORP0228-2/02 Item I Ref # Details & Discussion & Conclusion (summary of discussion) '-' t'\ l'~ - Architect has been retained to begin working on drawings and specifications Oddfellows hall repair was approved Log replacement in log barn approved Replacement of windows in Administration Building were approved Chimney work approved Electrical connections were approved Steve advised that a landscape crew would be on site over the May long weekend to ge~ site back together to repair MDK work City is looking into possible funds Le. grants to work on Accessibility from Administration Building to path 5.0 Committee Re orts a) Special Events b) Steam Barn - Harold provided updates on Steam Barn c) Collections . Sorting of Oddfellows hall will begin on Monday . Katrina passed out chart for approval of items to deaccession . Summer staff, along with Katrina will begin sorting items . Ones that pertain to specific buildings will be moved to those buildings, hotel items will be set aside, other items will be deaccessioned . City maintenance staff will be required to assist in lifting some of the larger items . Trailer will be rented to store items that we are keeping . Laura asked for a Motion to accept the list of items to be deaccessioned MOTION Moved by Paul Savel Seconded by Bill Weston . That the items identified be deaccessioned CARRIED CORP0228-2/02 C) Collections Backwoods players will be moving out theatre flats Shelters and signs will be removed and Katrina will advise which items are for the foundation - all items will be removed from oddfellows hall prior to Tapestry event on June 11. Auger is required to dig post holes \1-01 Action Items I Status (include deadline as appropriate) Kim to follow up with Rob Gagen in Parks to find out date to be com leted Page 2 3 oC:S 11-07 -- _^ -'..0 .-iJ ... Item / I Details & Discussion & Conclusion ,-- -I ,J I ./ Action Items / Status Ref# (summary of discussion) (include deadline as appropriate) 6.0 New Business Cultural Planninq Seminar . Attended by Katrina, Laura and Kim K .':"':0'::- \... OJ'...., 2011 = Museum's 50th Anniversary - could get a $2 million grant for Museum Programs Open Doors Pickering - 1 st big project - Library involvement Foundation to look at Honor Board in Administration Building to be updated updating and adding to the Honor Board Volunteer Resource Centre of Durham - Katrina would like to be registered - they will connect volunteers throughout Durham Region to our site - Would be beneficial to P.MV. - Will channel people's interests Le. in gardening, history etc. - Cost per year is about $75 - $125 - Cultural Groups are members of this organization also 7.0 Pickering Museum Village Foundation Review . June 21,2006 at Redman House Program Centre 8.0 Next Meetina Thursday, October 19, 2006 7:00 pm Pickerinq Civic Complex - Tower MeetinQ Room 9.0 Adjournment MeetinQ adiourned at 9:00 pm Page 3 CORP0228-2/02 REPORT TO EXECUTIVE COMMITTEE G9~ Report Number: CS 12-07 Date: February 26, 2007 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2007 Annual Repayment Limit for Debt and Financial Obligations Recommendation: That Report CS 12-07 of the Director, Corporate Services & Treasurer regarding the 2007 Annual Repayment Limit for Debt and Financial Obligations be received for information. Executive Summary: Not applicable Financial Implications: Not applicable Sustainability Implications: An update to the Annual Repayment Limit is required to determine the annual repayment limit for both internal and external borrowings. This update is required to enable the City to borrow externally. Background: Recently, the Ministry of Municipal Affairs and Housing (MMAH) provided information regarding the City's 2007 Debt and Obligation Repayment Limit. Debt for these purposes includes all forms of loans, leases and other long term financial obligations and commitments. The 2007 Annual Repayment Limit (ARL) was calculated based on 25 percent of 2005 net own..source revenues as reported in City of Pickering's 2005 Financial Information Report (FIR) submitted to the Ministry of Municipal Affairs and Housing (MMAH). The FIH was prepared in conjunction with the annual financial statements. Own-source revenues represent generally the discretionary revenues of a municipality including property taxes, user fees, licenses and fines and exclude all grants, internal transfers and extraordinary items such as the one time sale of land or other fixed assets and non-discretionary items such as development charges. The calculated 2007 ARL based on 25% of net revenue fund, after taking into account net debt charges reported to MMAH is $12,415,661. This is based upon the 2005 Financial Information Return. Based on the 2007 Budget, the total annual principal and interest charges and all other financial obligations as recorded in the City's books are Report CS 12-07 February 26, 2007 Subject: 2007 Annual Repayment Limit for Debt and Financial Obligations Page 2 (~',O?,,:... t, \:}.',J $3,054,937 out of which $2,561,142 for the annual charges has been reported to the MMAH as required. Taking into account the difference of $493,795 ($3,054,937 - $2,561,142), being the amount included in the City's books for annual charges pertaining to 2006 and 2007 borrowings ($405,995), and the balance ($87,800) for photocopiers contracts, internal telephone financing and dealer financing of a small vehicle, the net ARL available for 2007 would have to be reduced to $11,921,866. The net ARL of $11,921,866 for 2007, as adjusted, represents the maximum additional principal and interest payment for the year that. could be undertaken without Ontario Municipal Board approval. This calculation does not measure affordability nor take into account other commitments the City may have and the need to change levels of service or raise property taxes to maintain the debt repayment amount. This limit represents the maximum amount which the municipality has available for approval and certification by the Treasurer as of December 31, 2005 to commit to payments relating to debt and financial obligations. The limit is effective January 1,2007. For illustration purposes, if the City could borrow at 7%, the rate used by MMAH in the calculation, the net ARL of $11,921,866 would allow it to undertake additional long term borrowing as follows: Terms a) 5 years b) 10 years c) 15 years d) 20 years Debt Amount ($1 48,882,004 83,734,198 108,583,330 126,300,418 Attachments:' 1. Letter from the Ministry of Municipal Affairs and Housing dated January 16, 2007 Prepared By: Approved I Endorsed By: 9~-~-:! Caryn Kong Senior Financial Analyst G illi 'A:~-parerson-'~'- Director, Corporate Services & Treasurer GAP:ck Attachment Copy: Chief Administrative Officer Report CS 12-07 February 26, 2007 Subject: 2007 Annual Repayment Limit for Debt P 9 8 and Financial Obligations Page 3 Recommended for the consideration of Pickering City Council ,""\ I r/-- f Tho s J. QuinnvRDM ., C Chief Administrative Ottic j # _LTO REPORT #~.IJ. - 07 @ Ontario Ministry of Municipal Affairs and Housing Ministere des Affaires municipalns et du Logement Municipal Finance Branch 777 Bay Street, 13th Floor Toronto ON M5G 2E5 Phone: (416) 585-6951 Fax: (416) 585-6315 777, Rue Bay, 13' etage Toronto ON lVl5G 2E5 Telephone: (416) 585-6951 Telecopieur: (416) 585-6315 '\ O~''1 l,' ;). t C:7c; :~, :v~ ~ 0 .,., " '.J K ::.~ Fi j N G j/\ i\J,2 5'~.j Cf)r'F.)O\;~"""~ -.- .. .'11 i'1j~,1 C '~;~FJVft'!::c:', -.' l....".,.,.il . ~\,.../~_Jo...~ January 16, 2007 Dear Municipal Treasurer, Clerk/Treasurer: I am pleased to enclose a report showing your municipality's 2007 Annual Repayment Limit (ARL) respecting long-term debt and financial obligations. Your 2007 ARL was calculated based on 25 percent of your 2005 net own source revenues as reported in your 2005 FIR. Note that revenues for municipal electrical utilities are not included in the calculation of the ARL, in accordance with Public Sector Accounting Board (PSAB) guidelines. If you require any [miher information, please contact the appropriate Municipal Services Office of the Ministry of Municipal Affairs ancI Housing (list enclosed). Yours truly, ~ Janet Hope Director Enclosures i322(06/9Sl nn~ \... 00 MinistlY of Municipal Affairs and Housing 777 Bay Street, Toronto, Ontario. A15G 2E5 Alinistere des affaires municipales et du logement 777 nie Bay Toronto (Ontario) M5G 2E5 ANNUAL REPAYl\,IENT LIMIT (UNDER ONTARIO REGULATION 403/02) MMA CODE: 10102 MUNID: 18001 MUNICIPALITY: Pickering C UPPER TIER: Durham R REPAYMENT LIMIT: C$12,415,661 The repayment limit has been calculated based on data contained in the 2005 Financial Information Return, as submitted to the Ministry. This limit represents the maximum amount which the municipality had available as of December 31, 2005 to commit to payments relating to debt and financial obligations. Prior to the authorization by Council of a long term debt or financial obligation, this limit must be adjusted by the Treasurer in the prescribed manner. The limit is effective January 01, 2007. FOR ILLUSTRATION PURPOSES ONLY, the additionallong-tenn borrowing which a municipality could undertake over a 5 - year, a 10 - year, a 15 - year and a 20 - year period is shown. Page: 01 of 03 Date Prepared: January 8,2007 DETERlVlINATION OF ANNl'\L DEBT REPA)lJ.VIENT LIl\lIT ;; 0 r'. t;:j'\j I MIVIAH CODE: 10102 I\fC:\"ICIP ALITY: Pickering C 1.0 GROSS DEBT CHARGES 1.1 Principal 1.2 Interest SLC 74 3099 0 I SLC 74 3099 02 1,917,725 643,417 2.0 DEBT CHARGES ON O.C.WA PROVINCIAL PROJECT 1.3 SUBTOTAL Add Lines 1.1, I. 2 2,561,1421 3.0 4.0 2.1 2.2 2.3 2.4 Water Projects -- this municipality only Water Projects -- share of integrated project(s) Sewer Projects -- this municipality only Sewer Projects -- share of integrated project(s) SLC 74 2810 03 SLC 74 2820 03 SLC 74 2830 03 SLC 74 284003 o o o o 2.5 SUBTOTAL Add Lines 2.1 t111U 2.4 01 PAYMENT IN RESPECT OF LONG TERM COMM1TMENTS AI'-1D LLA.B IUTlES SLC 42 6010 01 o SUBTOTAL - DEBT CHARGES Add Lines 1.3,2.5,3.0 2,561,1421 5.0 AMOUNTS RECOVERED FROM UNCONSOLIDATED ENTITIES 6.0 7.0 8.0 9.0 5.1 5.2 53 5.4 E1echicity (Principal) Electricity (Interest) Gas and Telephone (Principal) Gas and Telephone (Interest) SLC 74 3030 01 SLC 74 3030 02 SLC 74 3040 01 + SLC 74 3050 01 SLC 74 304002 + SLC 74 3050 02 o o o o 5.5 SUBTOTAL Add Lines 5.1 thru 5.4 01 P A Yrv1ENTS TO PROVINCE FOR DOWNTOWN REVITAUZAT10N PROGRAM LOANS SLC 42541001 o DEBT CHARGES FOR TILE DRAINAGE AND SHORELINE ASSISTANCE SLC 40 1850 02 + SLC 40 1850 08 o SUBTOTAL - DEBT CHARGE.S TO BE EXCLUDED Add Lines 5.5,6.0,7.0 I 01 NET DEBT CHARGES 2,561,14211 !age: 02 of 03 Date ~repared: January 8,2007 10 ODETERMINATION OF ANNUAL DEBT REPAYlVIENT LIMIT MUNICIPALITY: Pickering C .MMAH CODE: 10102 17.0 10.0 TOTAL REVENUE FUND REVENUES SLC 10991001 SLC 42 5410 01 SLC 12 185004 SLC 10 0699 01 + SLC 10081001 SLC 10082001 SLC 10 109901 60,384,097 o o 358,851 47,674 70,360 Add Lines 13.1 thm 13.3 476,8851 Lines 10 less Lines 11,12,13.4,14/ o II 59,907,212/ 14,976,803/ 12,415,6611/ 11.0 FEES FOR REP A YING THE PROVINCE FOR DOWNTOWN REVITALIZATION LOANS FOR ILLUSTR.ATION PURPOSES ONLY If the municipality could borrow at 7.0% or 9.0% annually, the annual repayment limit shown in 17 above would allow it to undeliake addition a] ]ong-tenTI borrowing as follows: ]2.0 FEES FOR TILE DRAINAGE AND SHORELINE ASSISTANCE 131,531,690 ] ] 3,080,773 87,202,407 50,906,661 113,336,928 100,078,775 79,679,462 48,292,591 13.0 GRANTS FROM GOVERNMENT OF ONTARIO, GOVERNMENT OF CANADA AJ.m OTHER MUNICIPALITIES 13. ] 13.2 13.3 Ontario Grants Canada Grants Othcr Municipa]ities 13.4 SUBTOTAL 14.0 FEES AND REVENUES FOR JOINT LOCAL BOARDS FOR HOMES FOR THE AGED 15.0 NET REVENUE FUND REVENUES 16.0 25% OF NET REVENUE FUND REVENUE ANNUAL REPAYMENT LIMIT 25% of Net Revenue Fund Revenues less Net Debt Charges SLC denotcs Schedule, Line, Column 7.0% Interest Rate: (a) 20 ycars @ 7.0% p.a. (b) ]5 years@ 7.0% p.a. (c) ]0 ycars @ 7.0% p.a. (d) 05 ycars @ 7.0% p.a. 9.0% Interest Rate: (a) 20 years @ 9.0% p.a. (b) 15 years @ 9.0% p.a. (c) 10years@9.0%p.a. (d) 05 years @ 9.0% p.a. Page: 03 of 03 Date Prepan'd: January 8,2007 REPORT TO EXECUTIVE COMMITTEE Report Number: CS 14-07 Date: February 26, 2007 ~. n..,. l.U.1. From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: Financial Control Policy Recommendation: 1. That Report CS 14-07 from the Director, Corporate Services & Treasurer regarding the Financial Control Policy be received; 2. That the Financial Control Policy be approved by Council; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect hereto. Executive Summary: The attached policy will provide elected and appointed officials and City staff with consolidated guidelines governing the spending of money and budgetary control. Financial Implications: This policy should result in improved financial and budgetary control across the Corporation as the authorities and responsibilities are clearly delineated. Sustainability Implications: sustainability. This report contains no information pertaining to Background: Certain financial responsibilities are outlined in the Municipal Act, 2001 and inherent in the duties of the Treasurer, or others may have been delegated by Council over time. A Financial Control policy is necessary to summarize/consolidate these guidelines and responsibilities. Certain Sections of the Policy allow a limited degree of latitude to the Chief Administrative Officer and the Treasurer within the Budgets established annually by Council so as to ensure that the business of the City is conducted in the most efficient, effective and responsible manner. Report CS 14-07 February 26, 2007 Subject: Financial Control Policy ~ ;.....~" lU2 Page 2 This Policy will also provide for a greater degree of responsibility on the part of staff in ensuring proper budget control. While this has always been understood, it has not been established in a Council approved policy. While it is not suggested that the proposed policy will assist in all situations and solve all problems, it is a necessary and important step in exercising sound financial practices and controls. It is anticipated that over time changes and improvements will be identified resulting in ongoing amendments. The Financial Control Policy will increase operational efficiencies while putting in place sound financial policies and effective and clear guidelines for expenditures and budget control. The Chief Administrative Officer, the Chief Executive Officer of the Library and the Department Heads have all reviewed this Policy and are in concurrence with it. Attachments: 1. Financial Control Policy Approved I Endorsed By: ._$=-~~~~" -~ Gillis A. Paterson Director, Corporate Services & Treasurer GAP:vw Attachment Copy: Chief Administrative Officer Chief Executive Officer, Library / // I)", CJ ATTACHMENT#L TO REPORT#..cs....J~~tY7 CITY POLICY "'r."", ..:..~) J; Approval: Date Originated: Policy Number: Council Classification: FIN Reference: Date Revised: Category: 030 Subject: 001/001 Policy Title: FINANCIAL CONTROL POLICY POLICY STATEMENT: The City of Pickering staff is committed to providing leadership, quality customer service and best value to the ratepayers of the City of Pickering through the provision of responsible and prudent fiscal management. . We are committed to providing efficient and professional services as it relates to overall financial management, strategic financial planning, budget, internal audit and accounting services, financial reporting systems, and advice. POLICY OBJECTIVE: The objective of this Policy is to: 1. Ensure the financial well being of the City of Pickering is in accordance with Council and Corporate policies, Provincial and Federal Legislation and Regulations and professional accounting principles. 2. Establish and maintain a system of internal controls, policies and procedures to ensure the integrity and reliability of financial information. 3. Ensure that the financial assets of the City of Pickering are maximized and safeguarded at all times. 4. Ensure the liabilities of the City of Pickering are minimized and controlled to the best ability of staff. 5. Ensure the financial stability of the City including the management of financial risk. 6. Ensure the Council, the Chief Administrative Officer and staff have accurate, timely and authoritative financial advice and information. Page 1 of 13 "": t''''_.-~''' ...t i) ~~. GENERAL: 01 Definitions: 01.01 01.02 01.03 01.04 01.05 01.06 01.07 01.08 01.09 01.10 01.11 _._-----...."'--,~._- Approval of Council - the funding approval authorized by the adoption of the final current and capital budgets or the adoption of specific recommendations/resolutions. Capital Budqet - an annual plan that sets forth each project or other capital expenditure to be undertaken by the City and specifies the full resources necessary to finance the projected expenditures. . Capital Expenditure - an expenditure in excess of a predetermined dollar limit defined by the Treasurer and which has a useful life extending beyond the current year. Chanqe Float - a sum of money to be maintained and used to provide change when cash is received from the public. Chief Administrative Officer (CAD) - the senior appointed officer responsible for the administrative operations of the City. City - The Corporation of the City of Pickering. Committee - a Committee of Council established under the City's Procedural By-Law No 3665/91, as amended. Commitment - a contractual obligation for the purchase of goods, services or construction, including the execution of any document evidencing the obligation. Council - the elected officials of the City of Pickering. Continqencv Account - the money approved in the current budget to provide for funding of one-time expenditures that were not known or anticipated at the time the current budget was approved by Council. Current Budqet - an annual financial plan providing for the operation of the municipality for the current year incorporating both estimates of proposed expenditures and revenues, including property taxes to be raised. Page 2 of 13 01.12 01.13 01.14 01.15 01.16 01.17 01.18 01.19 01.20 01.21 01.22 01.23 Department - an organizational unit of the City headed by a Department Head. .c r~ !::~ L 'J. ,J Departmental Budqet - the current and capital budgets of the department as approved by Council in adopting the estimates. Disposal - the selling, trading, assignment, and/or scrapping of surplus assets. Fixed Asset - vehicles, equipment and computer hardware. Grant - payments made to individuals or organizations, which are approved by Council for a purpose related to the well-being of the community or its citizens. Inventory - materials or items used or consumed in the provision of City services. Member - a member of Council. Petty Cash Fund - a sum of money to be maintained and used for miscellaneous payment of money for the purchase of goods or services not exceeding a specified amount. Purchasinq Card -- a credit card that is used to purchase goods and/or services. The use of the card is restricted to selected merchant types and may be subject to spending or and/or transaction limits. Project - an undertaking, work, or scheme included in the capital budget. Real Property - lands, buildings, tenements or any interest, estate or right or easement affecting it. Treasurer - the Chief Financial Officer and Treasurer of the City. 02 Responsibilities: 02.01 Council to: (a) Approve and support this policy. Page 3 of 13 ~ ("1 f...., .!... uti 02.02 Chief Administrative Officer to: (a) Support the Financial Control Policy. (b) Approve amendments for the consideration of Council. 02.03 DepartmenVDivision Heads/Manaqers/Supervisors to: (a) Support the Financial Control Policy. 02.04 Director, Corporate Services & Treasurer to: (a) Support the Financial Control Policy. (b) Maintain proper financial controls and procedure guidelines to ensure accountability in the matters of finance and related administration. (c) Review amendments to this policy for the consideration of Council. (d) Provide final interpretations and rulings in regard to the understanding and application of this policy. (e) Approve procedures as prepared by the Manager, Finance & Taxation or Manager, Accounting Services. 02.05 Manaqer, Finance & Taxation/Manaqer, Accountinq Services to: (a) Prepare and maintain administrative procedures required to implement the provisions of this policy. (b) Present such administrative procedures to the Director, Corporate Services & Treasurer for approval. 03 Authoritv 03.01 This Policy shall be administered by the Corporate Services Department and the Treasurer shall have the authority to interpret any provisions in this policy necessary for the good and efficient conduct and business of the City. Any changes shall be approved by Council. Page 4 of 13 03.02 In all cases the Municipal Act, 2001, as amended, any Regulations passed there under and any other Provincial or Federal Legislation or Regulations and professional accounting principles shall prevail as it may pertain to the duties and responsibilities of the Treasurer and any financial matters. .t r~!i-~ .:.Ut 04 Pu rpose 04.01 The collection of revenues, the commitment of funds and the payment of expenditures of the City shall be carried out by the Treasurer in accordance with the provisions of this Policy and any Acts, Regulations or directions of the Province of Ontario or the Government of Canada and generally accepted accounting principles. 05 Scope 05.01 This policy applies to all operations of the City of Pickering including any Agencies, Boards and Commissions. It applies to the Library to the extent that it does not conflict with the role of the Board or Chief Executive Officer under the Public Libraries Act. 06 Sole Authoritv 06.01 Council has the sole authority to allocate funds for corporate expenditures and projects and for approving corporate programs and objectives, unless otherwise provided for in this Policy. 07 Budqets 07.01 Council, in adopting the total of all sums required during the year for the operating purposes of the City shall, in accordance with the Municipal Act, 2001, as amended, determine the current budget required to provide for the sums required for every purpose and the sums required for the various categories. 07.02 Council, in adopting the capital budget, shall determine the sums required for each capital project included in the capital budget and each sum provided therefore shall be a capital account. 07.03 The Treasurer, after consultation with the appropriate Department Head, may close any capital project account when the project is considered to be complete and may, Page 5 of 13 .c. r, f" ;. , ' ('" ..... v .,J 07.04 ,07.05 subject to the provIsions of the Municipal Act, 2001, as amended, apply any surplus funding to any other capital project at his/her discretion or transfer surplus funds back to their respective source. Departments shall be allowed to incur, before the adoption of the current budget for the year, interim spending for the sums required in that year for the period from the 1 st day of January to the date the estimates for that year are adopted, operating costs up to an amount of 50% of the prior year's budget. Prior to the approval of the annual budgets, expenditures for capital assets and projects shall be approved by the appropriate Department Head, the Treasurer, the Chief Administrative Officer and Council prior to committing or expending funds for the purchase or undertaking. These pre-budget approvals may be subject to the provisions for Emergency Purchases provided for in the Purchasing By-law and Policy. 08 SpendinQ Authoritv 08.01 The current and capital budgets approved by Council establish the spending authority for a program. Department Heads shall ensure that expenditures do not exceed the approved program budget. 08.02 Spending or funds control is based on the total gross expenditures approved for a program. Department Heads must address revenue shortfalls in this review of expenditure levels. Unforeseen revenues are not to be expended or committed without the approval of the Treasurer. 08.03 Department Heads shall report any anticipated significant over-expenditure or revenue shortfall to the Treasurer as soon as such is known. 08.04 The Chief Administrative Officer, together with the Treasurer, may amend the spending authority of any staff member. 09 Commitments 09.01 No financial commitment shall be made, no debt shall be incurred, no lease or othE!r financial obligation entered into, no expenditure shall be made and no monies shall be paid by, or on behalf of, the City except as delegated to the Page 6 of 13 Treasurer by Council in accordance with the provisions of this Policy or by specific direction of Council. .n f"~ !'",,: ~U;:J ..' 10 Council Approval 10.01 No contract shall be entered into nor any expenditure or debt incurred involving an amount exceeding that provided in the budget without the prior approval of the Treasurer and the Council, except as otherwise provided herein. 11 Budqet Variances 11.01 The Chief Administrative Officer and the Treasurer may jointly approve changes within an approved departmental Current Budget upon request of a Department Head, provided that: (a) such over expenditures do not exceed $50,000; and, (b) all such over expenditures are offset by corresponding under expenditures in other activities of the department so as to remain within the total budget provision for the department; and, (c) in no case shall the total budget for personnel costs for the department be increased under this section without prior approval of the Chief Administrative Officer in consultation with the Treasurer. 11.02 Where authority has been given in the annual Capital Budget for a particular project, the Chief Administrative Officer, the appropriate Department Head(s) and the Treasurer may jointly approve changes to such authorized amounts provided that the total amount of the over expenditures: (a) does not exceed the lesser of 10% of the approved capital expenditure or $100,000; and (b) are offset by corresponding under expenditures in other approved capital expenditures. (c) Financing of the over expenditure must have additional prior approval of the Treasurer. Any change to debt financing and/or transfers from Reserve or Reserve Funds must also have Council approval. Page 7 of 13 ..n ,d"'" .!...J.U 11.03 The appropriate Department Head, Treasurer and Chief Administrative Officer may jointly approve unbudgeted capital expenditures of up to $35,000 as long as appropriate funding (see 11.02 (c)) can be provided from other approved expenditures. 11.04 Current and Capital Budget expenditures in excess of the limits established under Section 11.01, 11.02 and 11.03 shall require the approval of the Treasurer, the Chief Administrative Officer, and Council. 12 Temporary Financinq 12.01 Capital projects temporarily financed by a specific loan from an external source shall be charged the actual cost of that loan. 13 Treasurer's Authority 13.01 The Treasurer is responsible for maintaining accurate records and accounts of the financial affairs of the City. This includes providing the Council with such information as it requires or requests. 13.02 The Treasurer is responsible for the collection and receipt of all revenue and any monies owing, and for depositing such funds in a financial institution. All monies collected must be adequately safeguarded and promptly deposited into a City bank account. 13.03 The Treasurer is authorized to extend payment terms and conditions on any amounts due the City and outstanding where it is deemed necessary by the Treasurer in order to collect such amounts. 13.04 Notwithstanding any other provision in this Policy or any other policy or by-law, the Treasurer is authorized to pay the following, provided that funds are available in the budgets as approved by Council: 1. All salaries, wages and benefits due to any person in the employment of the City. 2. All retiring allowances and any past retirement benefits due to any person previously in the employment of the City. 3. All amounts due for goods and services supplied to the City. Page 8 of 13 4. All taxes, fees and levies payable to the federal, provincial or other municipal government, or to any other agency board. All payments of principal or interest on debentures, loans or overdrafts, including foreign exchange. All amounts due to the Region and School Boards of amounts raised for them by the Tax levy. All advances to Agencies and Boards on account of the current budget as authorized by Council for their purposes. All employee and employer pension contributions in respect of salaries and wages, which are payable in respect of any duly registered pension plan on behalf of the respective employee. All grants to any person or body as provided for in the current budget without passing a by-law. 5. 6. 7. 8. 9. 13.05 The Treasurer is authorized to write-off outstanding amounts owing to the City, deemed as uncollectible, provided that such amount shall not exceed $10,000 and is not an amount raised as taxation or deemed to be taxes. Uncollectable amounts owing to the City in excess of $10,000 shall only be written off with Council's approval. 13.06 In extenuating circumstances, the Treasurer or designate may authorize the cancellation of any or all penalties and interest on taxes. 13.07 The Treasurer has the authority to write off small balances up to $15 for outstanding taxes for property tax roll maintenance. 13.08 The Treasurer has sole authority over the expenditure of funds from the contingency account. 14 Contracts and Aqreements 14.01 As a general rule, any contract or agreement may be entered into only with the authorization of Council and the Mayor and City Clerk who pos~ess the authority to legally bind the City. The underlying approval process must be followed before a document can be presented to the Mayor and Clerk for signing. 14.02 Council may delegate authority, either complete or restricted, to persons to approve a contract or expenditure. Page 9 of 13 ~ .i ~, ..Lll' ~ .. I' 14.03 .l.1r.: Notwithstanding the foregoing, the Treasurer or his/her designate has the authority to enter into agreements: for the provision of goods or services; for expenditures or undertakings approved in the annual budgets; or, by specific approval of Council. 14.04 No Committee of Council has the authority to commit the City or to approve or expend funds. 15 Successive Aqreements/Contracts 15.01 The Treasurer is authorized to pay for goods and services deemed essential to the ongoing operations of the City for any period from the expiry of an agreement or contract until a new agreement or contract is executed. Such payments shall be at the same rates, and on the same basis as the last previously executed agreement. 16 Notification to the Treasurer 16.01 The Treasurer shall be notified of all agreements and contracts containing financial terms or conditions, and all the original documents of insurance and certificates thereof, bonds, letters of credit and other securities for the due performance thereof, executed by or on behalf of the City shall be delivered to the Treasurer. 17 Departmental Siqninq Authority 17.01 The Treasurer is responsible for maintaining signing authorities for the provision of goods and services and the payment thereof. 17.02 Department Heads shall, in a form to be provided by the Treasurer, maintain a current schedule specifying the delegation of financial signing authority within their Department and the respective authority limits. The schedule shall be signed by the respective Department Head and then by the Chief Administrative Officer. The original schedule with specimen signatures of the relevant staff of the department shall be forwarded to the Treasurer. Page 10 of 13 ..:'f' Jf. .,....",. Ll~i 18 Insurance 18.01 The Treasurer has the authority to undertake the Risk Management Program and for the purchase of all appropriate insurance coverages, adjusting claims, and related services for the City, the Library and any other Boards. 19 Subsidy Applications 19.01 The Treasurer and the appropriate Department Head have the authority to apply to the Provincial and Federal Governments for grants, subsidies or any other form of funding for the City's programs and projects. 20 Bank Accounts and Investments 20.01 The Treasurer is authorized to open bank accounts in any Canadian bank as required, and only Council is authorized to change signatories for these accounts. 20.02 All monetary receipts and disbursements, other than petty cash, must be made through a City bank account. 20.03 The Treasurer is authorized to invest the surplus funds of the municipality at the maximum rate of return, at minimal risk, in compliance with current Legislative requirements and the City's Investment Policy. 21 Petty Cash and Chanqe Floats 21.01 The Treasurer has the authority to establish petty cash funds and change floats for operational requirements in amounts and in locations the Treasurer deems appropriate. 21.02 The Treasurer is authorized to reimburse a petty cash fund upon delivery of original receipts and such other documentation as the Treasurer may require. 21.03 Petty cash funds and change floats shall only be used for City business and there shall be no personal use of the monies. Page 11 of 13 .~ ~ .." i. 1. 'j. 22 Corporate and Purchasinq Cards 22.01 22.02 22.03 22.04 Corporate credit cards are provided to the Mayor and CAG to be used for City business and shall not be used for expenses of a personal nature. Departments or staff will be given a purchasing card where the nature of their responsibilities requires such use. Purchasing card assignments and limits are subject to the approval of the Treasurer. City staff should use purchasing cards fOf transactions where they have been determined by the Treasurer to be the most efficient way to handle payments. Purchasing Cards shall only be used for City business and shall not be used for expenses of a personal nature. 23 Emplovee Advances and Expense Reimbursements 23.01 Employees may be advanced funds for City purposes when the nature and approximate amount of the expense(s) has been approved beforehand. 23.02 Employees may be reimbursed for travel and other business related expenses subject to the required approvals and within the limits of the approved current budget. 24 Donations 24.01 24.02 24.03 24.04 Any donations received by the City shall be recorded as revenue in the fund to which the expenditure relates. If none exists, the donation is to be recorded in general revenue of the City. All donations provided to the City of Pickering are to be forwarded to the Treasurer for credit to the City's accounts. Receipt for donation will not be prepared unless specifically requested by the donor and must be issued by the Treasurer Donations in kind are not acceptable without prior approval of the Treasurer. Page 12 of 13 .-;- .. t,~ .!. 1 ;j 25 Real Property 25.01 All real property surplus to the requirements of the City shall be disposed of in accordance with the policies adopted by Council from time to time. 25.02 All net proceeds from the sale of real property or any other assets of the City shall be credited to the general revenue of the City, unless otherwise approved by Council. 26. Fixed Assets 26.01 It is every employees and elected officials duty to ensure that City fixed assets shall be safeguarded to the extent practical to prevent loss or theft. 26.02 The City's fixed assets shall be recorded by the Treasurer and the records updated for acquisitions and dispositions. The accuracy of these records should be verified annually. 27 Inventories 27.01 City inventories shall be physically secured to prevent loss or theft. 27.02 Accurate records shall be maintained of all City inventories, which include recording transfers in and out of inventory where practical. The accuracy of these records should be verified annually. 28 Administrative Procedures 28.01 This Policy shall be read in conjunction with Purchasing By- law 5900/01 and any other approved City policies or administrative procedures. 28.02 This Policy shall be reviewed by the Treasurer every five years; however, approved amendments can be made at any time. Page 13 of 13