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Home My WebLink AboutDecember 12, 2016 Council Agenda Monday, December 12, 2016 Council Chambers 7:00 pm For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928. lroberts@pickering.ca Anything highlighted denotes an attachment or link. By clicking the links on the agenda page, you can jump directly to that section of the agenda. To manoeuver back to the agenda page use the Ctrl + Home keys simultaneously, or use the “bookmark” icon to the left of your screen to navigate from one report to the next. -C~oJ PJCKERJNG IX) Reports -New and Unfinished Business X) Motions and Notice of Motions XI) By-laws XII) Other Business XIII)· Conti rmation By"'law XIV) Adjournment Council Meeting Agenda December 12, 2016 Council Chambers 7:00pm 66-103 For information related to accessibility requirements please contact: Linda Roberts 905.420.4660 extension 2928 lroberts@pickering.ca -Cift;of- PlCKERlNG Present: Mayor Ryan Councillors: K. Ashe M. Brenner I. Cumming B. Mclean D. Pickles Also Present: T. Prevedel -Chief Administrative Officer -(Acting) Director, City Development Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers · K. Bentley P. Bigioni M. Carpino J. Hagg -Director, Corporate Services & City Solicitor R. Holborn S. Karwowski C. Rose C. Grant G. McGregor L. Harker F.Jadoon C. Whitaker L. Roberts -Director, Culture & Recreation · -Fire Chief -Director, Engineering & Public Works -Director, Finance & Treasurer -Chief Planner -CEO, Pickering Public Library -Manager, Strategic Initiatives & Sustainability -Deputy Clerk -Coordinator, Economic Development -Coordinator, Sustainability -Committee Coordinator (I) Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. (II) Disclosure of Interest Councillor Mclean declared a conflict of interest with respect to the Notice of Motion regarding guidelines to protect community character, as his son owns property on Marksbury Road. (Ill) . Adoption of Minutes Resolution #220/16 Moved by Councillor Mclean Seconded by Councillor Cumming 1 1 -atgDf- PlCKERlNG Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers systems the morning after drinking. She explained how people can be unsure as to how much alcohol may still be in their system, and how their system absorbs alcohol. She noted that in some cases this has led to convicted drivers who had done the right thing, but had underestimated the time it takes to get out of their systems and were unknowingly over the legal limits. A brief discussion ensued with respect to the cost of installing the hardware devices. 4. Nick Stiliadis Nick Stiliadis appeared before Council on behalf of Alcohol Countermeasure Systems. He outlined how a proactive program can work and provided examples of how it is being used globally. He explained how the installation of devices in vehicles would take away the guesswork, in particular public transportation vehicles such as transit to ensure the safety of residents. Discussion ensued with the delegate responding to questions raised with respect to the costs for the devices, as well as how other jurisdictions have handled these costs. 5. Paul White Paul White appeared before Council on behalf of the Fairport Beach Neighbourhood Association in support of the Notice of Motion to implement guidelines to protect community character (infill). He provided photos which outlined the existing character of neighbourhoods where infill construction has taken place. He noted concerns for the number of older trees, many of which were not protected and have received some damage. He noted the need for a strategy with respect to construction sites as well as dedicated enforcement units and tree preservation. 6. Ralph Sutton Ralph Sutton appeared before Council with respect to filling the vacancy of City Councillor- Ward 3. He outlined his history with Rick Johnson as well as his work on numerous citizen advisory committees. He also noted that he had served on the Veridian Board for a number of years as well as the Durham Land Division Committee. He noted that a by-election would be costly and in all likelihood would result in low voter turnout. He expressed his desire for appointment to fill this vacancy. 7. Joe Martin Joe Martin appeared before Council with respect to the Notice of Motion to implement guidelines to protect community character (infill). He questioned the size restrictions for smaller homes when seeking building permits, noting that a number of residents would like to remain in the neighbourhood, but in a suitably sized home. 3 3 4 -~of PJ(KERJNG 8. Peter Rodrigues Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers Peter Rodrigues appeared before Council with respect to the methods for filling the vacancy of the City Councillor-Ward 3 seat. He noted that when attending last week's meeting the residents were quite vocal about their lack of representation in Ward 3, making it clear their desire to see a by-election take place. He noted this would be the democratic process and that it would be difficult to achieve support for an appointment. 9. Laura Springate Laura Springate, Pastor at the Claremont United Church, appeared before Council with respect to Planning Report PLN 17-16. She expressed her thanks to Council for allowing members of the public to express their views openly and freely at last week's meeting. She noted she was grateful for a system of democracy that allows people to voice their concerns and opinions and to be given consideration no matter how they stand on an issue. She also noted that Land Over Landings has commissioned a study on the economic benefits which will add a valuable perspective to the lands in order to contribute to a sustainable and prosperous future. (VI) Correspondence 1. Carr. 49-16 Alexander Harras Manager of Legislative Services/Deputy Clerk Town of Ajax 65 Harwood Avenue South Ajax, ON L 1 S 2H9 Moved by Councillor Brenner Seconded by Councillor Mclean Resolution #221/16 That Carr. 49-19 received from Alexander Harras, Manager of Legislative Services/Deputy Clerk, Town of Ajax seeking endorsement of a resolution passed on October 17th, 2016 with respect to access to Durham Regional Transit at Seniors Residences be endorsed. 2. Carr. 50-16 Lorne Coe, MPP Queen's Park Office Rm 430, Main Legislative Building Carried 4 --CdtJof-- PJCKERJNG Toronto, ON M?A 1A8 and Jim McEwen, Vice-President Durham Region Stroke Recovery Group 1850 Rossland Rd. E., Whitby, ON Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers Resolution # 222/16 Moved by Councillor Brenner Seconded by Councillor Mclean That Corr. 50-16 from Lome Coe, MPP, Jim McEwen, Vice-President, Durham Region Stroke Recovery Group seeking endorsement of MPP Coe's Private Members Bill 9, an Act to End Age Discrimination Against Stroke Patients be endorsed. 3. Corr. 51-16 Bruce MacDonald, Executive Director Durham Region Cycling Coalition and · Jamie Stuckless, Executive Director Share the Road Cycling Coalition Moved by Councillor Brenner Seconded by Councillor Mclean Resolution #223/16 Carried That Corr. 51-16 from Bruce MacDonald and Jamie Stuckless seeking endorsement for the investment of funds to cycling infrastructure by issuing a letter to the Province of Ontario requesting that they roll out the funds for cycling infrastructure within the first year of the Climate Change Action Plan and invest the full $225 million in cycling infrastructure over the next five years be endorsed. 4. Corr.52-16 Debbie Shields City Clerk City of Pickering Carried 5 5 6 -C~o~ PJCKERJNG Moved by Councillor Brenner Seconded by Councillor Mclean Council Meeting Minutes November 21, 2016 7:00 pm ·Council Chambers Resolution #224/16 That Carr. 52-16 from Debbie Shields, City Clerk, seeking endorsement for the appointments to the Civic Awards Committee as noted in the attachment be endorsed. 5. Carr. 53-16 B.E. Bridgeman, Commissioner of Planning And Economic Development Region of Durham 605 Rossland Road East Whitby, ON L 1 N 6A3 Moved by Councillor Brenner Seconded by Councillor Mclean Resolution #225/16 Carried That Carr. 53-16 from B. E. Bridgeman, Commissioner of Planning and Economic Development, Region of Durham seeking Council endorsement for the nomination of Mr. Gord Taylor as the Pickering representative on the Durham Agricultural Advisory Committee for the remainder of the 2015-2018 term be endorsed. 6. Carr. 54-16 Jennifer O'Connell MP Pickering-Uxbridge 1154 Kingston Road, Unit 4 Pickering, ON L 1V 1 B4 Moved by Councillor Brenner Seconded by Councillor Ashe Carried Resolution #226/16 That Carr. 54-16 from Jennifer O'Connell, MP, Pickering-Uxbridge, providing information from the Government of Canada and the Ministry of Transport with respect to the Federal Transport Lands in Pickering be received for information. Carried 6 -Cdt;oJ- PlCKERlNG (VII) Committee Reports a) Report EC 2016-09 of the Executive Committee 1. Director, Finance & Treasurer, Report FIN 22-16 2016 Year End Audit Council Decision Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers 1. That the Audit Service Plan as submitted by Deloitte LLP, included as Attachment 1 to this report be received for information; ahd 2. That the Chief Administrative Officer and the Division Head, Finance & Treasurer be authorized to sign the Master Services Agreement on behalf of the City. 2. CEO, Pickering Public Library, Report LIB 01-16 Pickering Local History Collection Strategic Plan Council Decision 1. That Council receive for information the Pickering Local History Collection Strategic Plan as per Attachment 1; and 2. That Council support the concept of a shared records storage facility as part of a future Central Library expansion. 3. Director, Corporate Services & City Solicitor, Report BYL 01-16 gth Annual Toys for Tickets and Food for Fines 2016 Council Decision 1. That parking tickets issued between December 1 through 16, 2016 be eligible for the Toys for Tickets/Food for Fines program; and 2. That the Toys for Tickets/Food for Fines program be implemented from December 1 through December 16, 2016. 4. Director, Community Services, Report CS 14-16 Community Association Lease Agreement -South Pickering Seniors Club Council Decision 7 7 8 -C~of PJCKERJNG Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers 1. That the Mayor and City Clerk be authorized to execute the Lease Agreement with South Pickering Seniors Club set out in Attachment 1 to this Report, subject to minor revisions as may be required by the Director, Community Services and the Director, Corporate Services & City Solicitor; and 2. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. 5. Director, Community Services, Report CS 15-16 Diana, Princess of Wales Park Licence Renewal Agreement Council Decision 1. That the Mayor and City Clerk be authorized to execute a license renewal agreement with the Minister of Infrastructure-Hydro One Networks Inc. for a further 5 year term, commencing January 1, 2017, and ending on December 31, 2021 that is in a form satisfactory to the Director, Corporate Services & City Solicitor; and 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 6. Director, Engineering Services, Report ENG 19-16 Request for Proposal No. RFP-11-2016 Consulting Services for Claremont Drainage Plan Council Decision 1. That the Proposal No. RFP-11-20 16 submitted by Amec Foster Wheeler Environment & Infrastructure to undertake the consulting services for Claremont Drainage Plan, in the amount of $161,707.52 (HST included) be accepted; 2. That the total gross project cost of $221,734.00 (HST included), including the RFP amount, and associated costs, and the total net project cost of $199,678.00 (net of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $199,678.00 as follows: a) The sum of $149.678.00 to be funded by a transfer from the ·Rate Stabilization Reserve; 8 -Cdt;of- PJCKERJNG Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers b) The sum of $50,000.00 to be funded by a contribution from the Regional Municipality of Durham; 4. That a copy of this report be forwarded to the Commissioner of Works, Region of Durham; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 7. Director, Engineering Services, Report ENG 26-16 Proposed Parking Restrictions -Hamlet of Cherrywood Council Decision 1. That the attached draft by-law be enacted to amend Schedule "2" to By-law 6604/05 to provide for the regulation of parking on highways or parts of highways under the jurisdiction of the Corporation of the City of Pickering, specifically to address parking concerns on Rosebank Road and Third Concession Road. 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 8. Director, Engineering Services, Report ENG 27-16 Quotation No. Q-56-2016 Hedgerow Place Storm Sewer Improvements Council Decision 1. That Quotation No. Q-56-2016 submitted by Bry Ron Contracting Limited for Hedgerow Place Storm Sewer Improvements in the total.quotation amount of $58,556.60 (HST included) be accepted; 2. That the total gross project cost of $66,672.00 (HST included), including the quotation amount and other associated costs, and the total net project cost of $60,040.00 (net of HST rebate) be approved; 3. That Council authorizes the Director, Finance & Treasurer to finance the net project cost in the amount of $60,040.00 as follows: a) the sum of $40,000.00 as provided for in the 2016 Capital Budget- Stormwater Management to be funded from the Provincial Grant - Transportation Initiatives; 9 9 1 0 -rffi;of- PJCKERJNG Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers b) the over expenditure in the amount of $20,040.00 to be funded from propertytaxes;and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9. Director, Finance & Treasurer, Report FIN 21-16 Insurance Renewal-January 1, 2017 to December 31, 2017 Council Decision 1 . That the City of Pickering renew its property, liability and other insurance policies through Jardine Lloyd Thompson Canada Inc. (JL T) for the period January 1, 2017 to December 31, 2017 in the amount of $601,947 (plus applicable taxes) and inclusive of terms and conditions acceptable to the Director, Finance & Treasurer; 2. That the insurance coverage through JL T be for a period of one (1) year with an option in favour of the City to extend the coverage on the same terms and conditions for a second one year renewal term, subjed to Council approval; 3. That LV. Walker & Associates be confirmed as the City's Adjuster of Record for property, liability and other insurance and related matters; 4. That the Director, Finance & Treasurer be authorized to settle any claims including employing resources to· investigate and defend claims, adjusting and · legal fees, where it is in the City's interest to do so; 5. That the Director, Finance & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary to limit potential liability exposure and to protect the assets of the City and its elected officials and staff; and 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 10. Division Head, Human Resources, Report HUR 02-16 OMERS Normal Retirement Age Conversion -Fire Non-union Management Group Council Decision 1. That Council enact a By-law to amend the normal retirement age from 60 years under the Ontario Municipal Employees Retirement System (OMERS) primary 10 -04Jof- P1CKERJNG Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers pension plan to provide that the normal retirement age for the Fire Non-union Management Group shall be 65 years effective January 1, 2017; and 2. That the appropriate officials be authorized to take the necessary actions included in this report. Moved by Councillor Pickles Seconded by Councillor Brenner Resolution #227/16 That Report 2016-09 of the Executive Committee meeting held on November 14, 2016, be adopted. b) Report PO 2016-07 of the Planning & Development Committee 1. (Acting) Director, City Development, Report PLN 17-16 Official Plan Amendment Application OPA 15-004/P Amendment 27 to the Pickering Official Plan Carried Informational Revision 22 to the Pickering Official Plan, City Initiated Official Plan Review: The Environment and Countryside Council Decision 1. a) That Official Plan Amendment Application OPA 15-004/P, initiated by the City of Pickering, to change existing policies and schedules, and add new policies to the Pickering Official Plan with regard to the natural environment and countryside areas, be approved; b) That Schedule A (Sheet 3 of 3 of Schedule 1-Land Use Structure) in Recommended Amendment 27 to the Pickering Official Plan be replaced with Revised Schedule A; and c) That the Draft By-law to adopt Amendment 27 to the Pickering Official Plan, to change existing policies and schedules, and add new policies to the Pickering Official Plan with regard to the natural environment and countryside areas, as set out in Appendix I to Report PLN 17-16, be forwarded to Council for enactment; 2. That Council adopt Informational Revision 22 to the Pickering Official Plan as set out in Appendix II to Report PLN 17-16; 11 1 1 12 -Cd:Jof- PJCKERJNG Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers 3. That the City Clerk forward the Notice of Adoption to the Region of Durham and to each person or public body that provided written or verbal comments at the Open House, the Public Meeting, the Planning & Development Committee or the City Council meetings; 4. That, in light of recent actions by the Federal Government and the announcement in the Canada Gazette, the Federal Government be requested to expedite the process to enable a decision on the future use of the remaining Federal lands proposed as an airport, consistent with Resolution #164/14 as adopted by Pickering Council on January 27, 2014; 5. That a copy of Report PLN 17-16 and Council's Resolution thereon be forwarded to the Minister of Transport, the Member of Parliament for Pickering-Uxbridge, and the Members of Provincial Parliament for Ajax- Pickering and Pickering-Scarborough East. Moved by Councillor Pickles Seconded by Councillor Brenner Resolution #228/16 That Report 2016-07 of the Planning & Development Committee meeting held on November 14, 2016, be adopted. (VIII) New and Unfinished Business 1. Fire Chief Report FIR 03-16 Fire Hall #2 Outdoor Diesel Generator -Request for Quotation No. Q-26-2016· Resolution #229/16 Moved by Councillor Ashe Seconded by Councillor Cumming Carried 1. That Quotation No. Q-26-2016 submitted by Standby Generator Services Inc. in the amount of $76,235.45 (HST included) be accepted; 2. That the total gross project cost of $85,275.00 (HST included), including the amount of the proposal and other associated costs, and the total net project cost of $76,793.00 (net of HST rebate), be approved; 12 ___;__CdtJ of- PJCKERJ G Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost as follows: a) The sum of $60,000.00, as provided for in the 2016 Capital Budget Fire Services, to be funded by a transfer from the Rate Stabilization Reserve; b) The sum of $16,793.00 to be funded from property taxes; and 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 2. Director, Corporate Services & City Solicitor, Report CLK 08-16 Method of filling Vacancy -City Councillor Ward 3 Carried A discussion period took place with staff responding to questions raised regarding timing in the event of a by-election, previous voter turnout, as well as the costs involved and the next steps and alternatives should the motion for a by-election or appointment be lost. Members also discussed previous motions regarding by- elections and appointments. Resolution #230/16 Moved by Councillor Ashe Seconded by Councillor Brenner 1. That pursuant to Section 262(1) of the Municipal Act, 2001, the Council of The Corporation of the City of Pickering declares the office of City Councillor, Ward 3 to be vacant; 2. That Council select one of the following options for filling the vacancy: a) That Council authorize a by-election to be held to fill the vacancy; OR b) That Council fill the vacancy by appointment; and 3. That the City Clerk be given authority to give effect thereto. 13 Carried as Amended Later in the Meeting [Refer to Following Motions] 13 14 -C~(J~ PJ(KERJNG Moved by Councillor Ashe Seconded by Councillor Cumming Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers Resolution# 231/16 That the motion be divided to deal with Recommendation 1 separately. Yes Councillor Ashe Councillor Cumming Councillor Pickles Mayor Ryan No Carried on a Recorded Vote as Follows: Councillor Brenner Councillor Mclean Resolution # 232/16 . Moved by Councillor Ashe Seconded by Councillor Cumming That the City of Pickering declare the office of City Councillor, Ward 3 to be vacant. Moved by Councillor Ashe Seconded by Councillor Brenner Resolution # 233/16 Carried That Council authorize a by-election to be held to fill the vacancy. Yes Councillor Brenner Councillor Cumming Councillor Mclean No Motion Lost on a Tied Recorded Vote as Follows: Councillor Ashe Councillor Pickles Mayor Ryan A discussion period ensued with respect to community engagement to enable other interested parties to be considered for appointment. Council also discussed the runner up for the City Councillor, Ward 3 position from the 2014 Municipal Election. 14 -a£;of- P1CKERJNG Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers Council took a ten minute recess and reconvened at 9:00 pm Moved by Councillor Pickles Seconded by Councillor Ashe Resolution #234/16 That Council fill the vacancy by appointment, and that Shaheen Butt be appointed City Councillor, Ward 3. Yes Councillor Ashe Councillor Cumming Councillor Pickles Mayor Ryan No Carried on a Recorded Vote as Follows: Councillor Brenner Councillor Mclean The main motion as amended was then Carried. 3. Director, Engineering Services, Report ENG 24-16 Tender for the Pine Creek Outfall Channel Restoration -Tender No. T-17-2016 Resolution #235/16 Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Tender No. T -17-2016 for the Pine Creek Outfall Channel Restoration as submitted by R&M Construction in the total tendered amount of $840,731.88 (HST included) be accepted; 2. That Aquafor Beech Limited be retained as a consultant in the amount of $85,920.00 (HST extra) to undertake the contract administration and construction supervision of Tender No. T-17-2016 Pine Creek Outfall Channel Restoration; 3. That the total gross project cost of $1,162,130.00 (HST included), including the tendered amount, contract administration, construction supervision, and other associated costs, and the total net project cost of $1,046,534.00 (net of HST rebate) be approved; 15 15 16 -C~o~ PJCKERJNG Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers 4. That Council authorize the Director, Finance & Treasurer to finance the total net project cost of $1,046,534.00 as follows: a) The sum $504,000.00 to be funded from the York Region Southeast Collector (SEC) Enhancement Fund; b) The sum of $40,000.00 to be funded from the Investing in Ontario Provincial Grant; c) The sum of $407,053.00 to be funded by a transfer from the Development Charges (DC) -City's Share Reserve; d) The sum of $95,481.00 to be funded by a transfer from the Development Charges-Stormwater Management (SWM) Reserve Fund; and 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried (IX) Notice of Motion a) Guidelines to Protect Community Character (lnfill) Councillor Mclean reiterated his conflict of interest and did not take part in or vote on the matter. Moved by Councillor Brenner Seconded by Councillor Ashe Resolution #236/16 Whereas the City of Pickering recognizes the importance of community character and its preservation where infill construction takes place; Whereas the Planning Act enables approvals when it involves Draft Plans of Subdivision, but provides no jurisdiction to enable municipalities to impose conditions for individual building permits not subject to Draft Plan Conditions; Now Therefore be it resolved that the City Development Department commence a community engagement process via the establishment of a focus group that will enable Pickering to establish the creation of guidelines that will encourage developers and 16 -C~of PlCKERJNG Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers builders to be mindful of established community character when bringing forward draft plans and/or individual building permits in communities such as Fairport Beach, South Rosebank and others within Pickering. And that City staff forward copies of this resolution to all City of Pickering community associations and ratepayer groups seeking appointments to this focus group. Carried b) Municipal Revenue Tools Discussion ensued with Councillor Brenner outlining the challenges of balancing the needs of the community with the needs of the taxpayer. Through this motion he identifies the need to reach out to the Ministry for clarification on other tools which may be available to compete with the private sector to provide services for profit in order to earn additional revenue. It was also noted that under the Municipal Act, user fees which allow cost recovery are currently permitted, but not for profit. Resolution #237 /16 Moved by Councillor Brenner Seconded by Councillor Mclean Whereas municipalities in Ontario continue to be challenged to examine revenue raising tools as an option to decrease the increasing burden of residential property taxation; Whereas municipalities such as the City of Pickering see an increasing need for the level of services and deteriorating infrastructures; Whereas municipalities are responsible for making local decisions, including compliance with any and all statutes or regulations set by the Province of Ontario; Whereas the Municipal Act provides a framework that can enable municipalities to utilize a range of Economic Development tools to generate revenue that can offset the burden of property taxation; Now Therefore be it resolved that the City of Pickering seek clarification from the Ministry of Municipal Affairs and Housing on its ability to establish a Municipal Service Corporation that can sell services to the private sector through the utilization of its public sector workers and equipment, in an effort to generate revenue to be used to benefit tne tax payers by funding increasing levels of public service and capital infrastructure costs; And that City staff forward copies of this motion to The Honourable Bill Mauro, Minister of Municipal Affairs, The Honourable Tracy MacCharles, MPP, Pickering-Scarborough East, Joe Dickson, MPP Ajax-Pickering, the Region of Durham and all municipalities in the Region of Durham. 17 17 18 -Cdt;of- PJCKERJNG c) VIA Rail Station in Pickering Resolution #238/16 Moved by Councillor Brenner Seconded by Councillor Cumming Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers Motion Lost Whereas the City of Pickering is a destination point by virtue of its geographic location along the Lake Ontario shoreline VIA Rail line; Wher~as the Pickering City Centre Plan, Durham Region Official Plan and Ontario Places to Grow designates Pickering as a regional hub that will see increasing levels of intensification within its centre to accommodate an additional 8,300 persons and 8,700 jobs over the next 20 years and beyond; Whereas in addition to the potential for corporate office development within the City Centre Plan, a new innovation employment corridor will be built abutting the 401 corridor; Whereas the ability to move people in an efficient cost effective manner is a priority of all levels of government and consistent with the management philosophy, vision and mission of VIA Rail Canada; Now Therefore be it resolved that the City of Pickering request VIA Rail Canada to incorporate into the newly renovated expanded Pickering GO Train Station, a VIA Rail . stop along its east-west Lakeshore corridor line; And that City of Pickering staff forward copies of this motion to Yves Desjardines- Siciliano, President and CEO of VIA Rail Canada, Bruce McCuaig, President and CEO of Metrolinx, Jennifer O'Connell, MP, Pickering-Uxbridge, The Honourable Tracy MacCharles, MPP, Pickering-Scarborough East and Joe Dickson, MPP Ajax~Pickering. Carried d) Arrive Alive Councillor Brenner outlined the intent of the motion which is to ensure the safekeeping of the public by seeking legislation which governs transit operators. He also noted this motion is aimed at protecting responsible citizens who are taking all the right measures when out drinking, but are unaware the next day that they may be over the legal limits. Resolution #239/16 18 -Cdt;of- PJCKERJNG Moved by Councillor Brenner Seconded by Councillor Mclean Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers Whereas the City of Pickering strives to be a leader in its support for proactive measures that can reduce the risks associated with drinking and driving; Whereas while there has been increased levels of enforcement, education and awareness about not drinking and driving, more needs to be done to address growing concerns related to drinking and driving and the morning after effects by responsible drinkers who take appropriate steps when leaving a bar via a designated driver or similar such programs and show up for work the next day, unaware that they continue to have levels of alcohol in their system; Whereas countries such as France, Finland, Norway, Sweden and others have implemented or are in the process of implementing legislation requiring all vehicles that transport people or are contracted by various levels of government that interact in the public realm must have a proactive Alcohol Countermeasure System installed on vehicles; . Whereas equipment such as the ACS Alcolock System provides safeguards that will prevent and alert an operator of a vehicle if their blood alcohol level is too high and that they and the public may be at risk; Whereas installation of such devices not only improves public safety, but may also reduce the cost of fleet insurance policies; Now Therefore be it resolved that the City of Pickering request the Province of Ontario to implement legislation that will require operators of public transportation vehicles to have installed devices that will proactively prevent the risks associated with high blood alcohol levels the morning after drinking; Now therefore be it further resolved that City staff forward copies of this motion to The Honourable Steven Del Duca, Minister of Transportation, all Regional Municipalities within the GTA that operate public transit, including Metrolinx, The Honourable Tracy MacCharles, MPP, Pickering-Scarborough East, Joe Dickson, MPP Ajax-Pickering and the Durham Public and Separate School Boards. Carried (X) By-laws 7437/15 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham on Part of Lot 28, Range 3, Broken Front Concession, City of Pickering. (A 4/12) No action required -OMB Decision. 19 1 9 20 -Cd;;of- PlCKERlNG Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers 7521/16 7522/16 7523/16 7524/16 Being a by-law to amend By-law Number 2995 to change the normal retirement age under the OMERS primary pension plan ("Primary Plan"), and the retirement compensation arrangement that provides benefits for members and former members of the Primary Plan ("RCA"), in respect of the employees identified herein. Being a by-law to amend by-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. Being a by-law to amend Schedule A of By-law 8362/14 appointing Inspectors. Being a By-law to adopt Amendment 27 to the Official Plan for the City of Pickering (OPA 15-004/P). Resolution #240/16 Moved by Councillor Pickles Seconded by Councillor Ashe That By-law Nos. 7521/16 through 7524/16, be approved. Carried (XI) Confidential Matters In accordance with Procedural By-law 7212/12 and the provisions of the Municipal Act, an In Camera meeting of Council was held prior to the regularly scheduled meeting. An In Camera meeting of Council has been scheduled in accordance with the provisions of the Municipal Act and Procedural By-law 7212/12, in that the matters to be discussed relate to personal matters about an identifiable individual. a) City of Pickering Appointments General discussion ensued. Refer to the In Camera minutes for further information. [City Clerk has custody and control of the In Camera minutes]. Applications were reviewed In Camera in accordance with the Municipal Freedom of Information and Protection of Privacy Act and personal information was used solely for the purpose of assessing the applicant's qualifications for appointment to the City's Accessibility Advisory Committee. 20 -CJ:tof- PJCKERJNG Resolution #241/16 Moved by Councillor Brenner Seconded by Councillor Cumming Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers That the recommendations 'considered at the Closed Meeting of Council confirming appointments to the Accessibility Advisory Committee, Heritage Pickering Advisory Committee and the Pickering Library Board be approved as follows: That the following persons be appointed to the Accessibility Advisory Committee for a term to expire on November 30, 2018: Bianca D'Souza David Wysocki That the following person be appointed to the Heritage Pickering Advisory Committee for a term to expire on November 30, 2018; Basil Lai That the following person be appointed to the Pickering Library Board for a term to expire on November 30, 2018: Ajay Vashisht Carried (XII) Confirmation By-law By-law Number #7525/16 Councillor Pickles, seconded by Councillor Cumming, moved for leave to introduce a By-law of the City of Pickering to confirm those proceedings of November 21, 2016. (XIII) Adjournment Moved by Councillor Mclean Seconded by Councillor Cumming Carried 21 21 22 -C~o~ PJCKERJNG Council Meeting Minutes November 21, 2016 7:00 pm -Council Chambers That the meeting be adjourned at 9:31 pm. Dated this 21st day of November, 2016. Mayor Ryan Lisa Harker Depu~y Clerk 22 Carried --C4Jof-- PJ KERJ G Present: Mayor Ryan Councillors: K. Ashe M. Brenner I. Cumming. B. Mclean D. Pickles Also Present: -Chief Administrative Officer Executive Committee Meeting Minutes December 5, 2016 2:00 pm Council Chambers Chair: Councillor Ashe T. Prevedel K. Bentley P. Bigioni M. Carpino J. Hagg -Director, City Development & Chief Building Official R. Holborn S. Karwowski C. Rose M. Gadzovski D. Shields D. Selsky N. Emery L. Harker -Director, Corporate Services & City Solicitor -Director, Culture & Recreation -Fire Chief -Director, Engineering & Public Works -Director, Finance & Treasurer -Chief Planner -Division Head, Water Resources & Development Services -City Clerk -Manager, Capital Projects & Infrastructure -Coordinator, Traffic Operations -Deputy Clerk (I) Disclosure of Interest No disclosures of interest were noted. (II) Matters for Consideration 1. Director, Community Services, Report CS 16-16 Seniors and Persons with Disabilities Snow Clearing Program -Revision to Width of Path of Travel -Extension of Contract -Quotation No. Q-51-2014, Purchase Order No. BL 160671 A brief question and answer period ensued. 1 23 -~o~ PlCKERlNG 3. Director, Engineering Services, Report ENG 20-16 Accessible Parking Space Requirements Update -Amendment to Traffic and Parking By-law 6604/05 Recommendation Moved by Councillor Mclean Seconded by Councillor Brenner Executive Committee Meeting Minutes December 5, 2016 2:00 pm Council Chambers Chair: Councillor Ashe 1 . That the attached draft by-law be enacted to amend By-law 6604/05 to provide for the regulation of traffic and parking on highways, private property and municipal property within the City of Pickering, specifically to provide for an extensive update on the accessible parking requirements. 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Recommendation Moved by Councillor Brenner Seconded by Mayor Ryan Carried as Amended Later in the Meeting (Refer to following Motion) That the following Recommendation be added as Recommendation #2 and Recommendation #2 be renumbered as Recommendation #3. That the accessible parking space requirements be reviewed in 2017 with the City of Pickering Accessibility Advisory Committee. The main motion was then Carried as amended. 4. Director, Finance & Treasurer, Report FIN 23-16 2017 Temporary Borrowing By-law Recommendation Moved by Mayor Ryan Seconded by Councillor Brenner 3 25 26 -C~o~ PJCKERJNG Executive Committee Meeting Minutes December 5, 2016 2:00 pm Council Chambers Chair: Councillor Ashe 1. That the temporary borrowing limit of $43,000,000 be established to meet 2017 current expenditures pending receipt of taxes and other revenues for the period of January 1, 2017 to September 30, 2017 inclusive, and $21,500,000 thereafter until December 31, 2017; 2. That the temporary borrowing limit for capital purposes for 2017 be established at $43,000,000; 3. That the attached draft by-law providing for the temporary borrowing of monies be enacted; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. 5. Director, Finance & Treasurer, Report FIN 24-16 2017 Interim Spending Authority Recommendation Moved by Mayor Ryan Seconded by Councillor Pickles Carried 1. That the 2017 Interim Operating Expenditures be approved at 50% of the prior year's budget, including adjustments, as contained in Attachment 1, pending approval of the formal 2017 Current Budget by Council; and 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried (Ill} Adjournment The meeting adjourned at 2:15pm. 4 -C~of PJ(KERJNG Present: Mayor Ryan Councillors: K. Ashe M. Brenner I. Cumming B. Mclean D. Pickles Also Present: -Chief Administrative Officer Planning & Development Committee Meeting Minutes December 5, 2016 7:00 pm -Council Chambers Chair: Councillor Brenner T. Prevedel K. Bentley P. Bigioni -Director, City Development & Chief Building Official C. Rose D. Shields N. Surti D. Wylie A. Mostert L. Roberts -Director, Corporate Services & City Solicitor -Chief Planner -City Clerk -Manager, Development Review & Urban Design -Principal Planner-Development Review -Sr. Coordinator, Landscape & Park Development -Committee Coordinator (I) Disclosure of Interest No disclosures of interest were noted. (II) Delegations 1. Mary Evans, Ellen Mason, Brigitte Sopher Whitevale Nature Park Committee Re: Seaton Community Brigitte Sopher appeared before the Committee on behalf of the Whitevale Nature Park Committee and through the aid of a power point presentation, she outlined a proposal which would promote the creation of a nature park, parking lot and trail head linking to the Seaton Trail in a small section of Neighbourhood 18 within the Seaton Development. She outlined the significant wetland areas, the typography, wetlands and trails within the old quarry, noting the trails are well used by residents across the GT A. 1 27 -C~o~ PJCKERJNG Planning & Development Committee Meeting Minutes December 5, 2016 7:00 pm -Council Chambers Chair: Councillor Brenner James Comeau, 1478 Altona Road, Pickering, appeared before the Committee in opposition to the application, stating it should remain low density. He noted concerns that his property would not be protected from vehicles and also was concerned with respect to how drainage would affect his property. Haitao Liu, 274 Richardson Street, Pickering, appeared before the Committee in agreement with his neighbours that the area should remain low density. He stated that when changing from low to medium density, additional parking requirements should be taken into consideration. Currently the streets are full of cars with insufficient visitor parking and questioned where the overflow would go. He also noted that the inclusion of another walkway was unnecessary. Joe Pacione, 331 Sheppard Avenue, Pickering, appeared before the Committee in opposition to the application, noting he would be in favour of ten homes, as opposed to the22 being proposed. He felt that would be more consistent with the current homes in the area. He also noted the current traffic chaos and asked for leadership, as the area would like to remain low density. Timo Anttila, 311 Sheppard Avenue, Pickering, appeared before the Committee in opposition to the application, also noting his desire to see the area remain low density. Peter Shaver, 266 Richardson Street, Pickering, appeared before the Committee in opposition to the application, noting they had attended previous meetings and had their voices heard, but felt they were not being taken into consideration. He also stated there is currently a walkway, and that the addition of another one makes no sense. Dan Farren, 1485 Altona Road, Pickering, appeared before the Committee in opposition to the application, noting he also was in agreement with ten homes, noting the number of stories should be taken down from three to two due to shadowing. Antoinette Charles-Owen , 301 Littleford, Pickering, appeared before the Committee in opposition to the application, noting concerns for the increased volume of traffic, explaining the current problems with traffic, noting difficultly in exiting her driveway. She felt that Littleford would get the overflow parking creating safety concerns. She also stated her opposition to high density units, noting ten houses would be more in keeping with the neighbourhood. Steve Alexiadis, 278 Richardson Street, Pickering, appeared before the Committee in opposition to the application and.22 homes, noting privacy concerns. He also questioned why the trees had been removed from the lot beside him, and the process involved with respect to the disposition of the City owned land. 3 29 30 -~o~ PJCKERJNG Planning & Development Committee Meeting Minutes December 5, 2016 7:00pm-Council Chambers Chair: Councillor Brenner Resident appeared to support the neighbours concerns with respect to this application. Charlie Slack, 255 Richardson Street, appeared before the Committee in opposition to the application, noting concern~ with density as well as the position of the proposed development, with two schools in the area. He stated traffic would be a huge issue and encouraged Members to walk the neighbourhood prior to making any decisions. Helve Saras, 306 Sheppard Avenue, Pickering, appeared before the Committee in opposition to the application. She questioned with an additional 22 units, where the children would play. She also felt the residents were not being kept informed and noted she had a petition with 44 signatures of residents that were not notified of this meeting . and provided it to the City Clerk. She also noted the website had not provided any updates on the traffic strategy reports, noting that safety still impacts the residents. She noted her opposition to 22 townhouses, noting 1 0 homes would be consistent with the area. Tarik Alam, 298 Twyn Rivers, Pickering, appeared before the Committee in opposition to the application. He noted safety concerns with respect to the current traffic in the area, noting numerous near misses which happen almost daily, as cars do not slow down. He stated this would only increase the situation with additional homes and young children in the area. Debbie Chin, 330 Granby Court, Pickering, appeared before the Committee in opposition to the application, stating her desire to see the development kept at 10 homes. She stated that currently with traffic at peak times, it is difficult to exit the cui de sac, noting Altona Road is a main corridor to 407, She also questioned where the garbage trucks would be able to turn around. She noted concerns with the homes being so close to the road, with no· room for landscaping or placing out garbage. Helen Gelding-Hill, 272 Richardson Street, Pickering, appeared before the Committee in opposition to the application. She noted her concern for the safety of children as well as the height, density and traffic. She noted the current chaos around the schools in the morning. Brian Tomlinson, 1475 Altona Road, Pickering, appeared before the Committee in opposition to the application. He stated that parking issues already exist, and noted he had the sa·me concerns as the other delegations, asking Members to think about long term planning. Glenn Flowers, 1085 Rouge Valley Drive, Pickering, appeared before the Committee in opposition to the application, noting he did not want to see townhouses. He also noted concerns for traffic and safety issues, 4 32 -Cdgof- PlCKERlNG Planning & Development Committee Meeting Minutes December 5, 2016 7:00 pm -Council Chambers Chair: Councillor Brenner 1. That Official Plan Amendment Application OPA 15-005/P, submitted by Altona Land Development Corporation, to re-designate the lands being Part of Lot 33, Range 3, BFC, from "Urban Residential Areas-Low Density Areas" to "Urban Residential-Medium Density Areas" to allow a common element condominium development consisting of 22 townhouse units, be approved, and that the draft by-law to adopt Amendment 28 to the Pickering Official Plan as set out in Appendix I to Report PLN 18-16 be forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 18/16, submitted by Altona Land Development Corporation to facilitate a residential common element condominium development consisting of 22 townhouse units on lands being Part of Lot 33, Range 3, BFC, be approved, and that draft Zoning By-law Amendment as set out in Appendix II to Report PLN 18-16 be forwarded to Council for enactment; and 3. That Draft Plan of Subdivision Application SP-2015-08, submitted by Altona Land Development Corporation, on lands Part of Lot 33, Range 3, BFC, to establish a single development block to facilitate a common element condominium, as shown on Attachment #2 to Report PLN 18-16, and the implementin·g conditions of approval, as set out in Appendix Ill, be endorsed. Carried The Committee took a ten minute recess and reconvened at 9:15pm. 2. (Acting) Director, City Development, ReportPLN 19-16 Draft Plan of Condominium Application CP-2016-01 Zoni.ng By-law Amendment Application A 5/16 Madison Liverpool Limited Block Q of Plan M-15, Parts 1 to 5, Plan WR74 (7 ~ 7 Liverpool Road) Jennifer Maestre, KLM Planning Partners Inc. appeared before the Committee on behalf of Madison Liverpool Limited in support of the application and to provide a general overview of the application. She outlined the changes that were made, noting the walkway would be conveyed to the two adjoining property owners. She also noted she was in attendance to respond to questions raised. 6 f':il/1 i ----~ oo ---- PlCKERlNG Planning & Development Committee Meeting Minutes December 5, 2016 7:00 pm -Council Chambers Chair: Councillor Brenner John Wingate, 1230 Ilona Park Road, Pickering, appeared before the Committee in opposition to the application, noting his concerns for shadowing and densities. He also noted safety concerns, with the homes so close to the street, combined with the volume of traffic, stating that this would endanger the public. He also stated a need for safer sightlines when pulling out of driveways and expressed concerns with an increase in the number of residents in the area, with 'only one exit, noting that this is an evacuation corridor. He also noted this development is not in character with the area. Bruce Bennett, 1320 Commerce Street, Pickering, appeared before the Committee in opposition to the application, stating he prefers the area remain as is. Jacqueline Smart, 829 Fairview Avenue, Pickering, appeared before the Committee in opposition to the application, noting the design is not consistent with the current Bay Ridges design. She stated it should be conducive to the surrounding areas which still have original cottages. She also noted that the setbacks should be much further, and noted concerns with parking and traffic on Liverpool. Tracy Paris, 1322 Commerce Street, Pickering, appeared before the Committee in opposition to the proposal, noting concerns for the increase in traffic, stating that parking is currently terrible, noting she cannot park on her own street or exit her driveway safely. She also had concerns for restricted access of emergency vehicles, noting additional cars would be parking on the street. She felt this development would decrease the value of the neighbourhood and that it would not fit in the area. Cathy Hall, 1230 Ilona Park, Pickering, appeared before the Committee in opposition to the application. She questioned how her front lawn became a bus stop, with parents dropping off and picking up children in front of her home. She also noted a large volume of pedestrian traffic. Carol Cometa, 1325 Foxglove, Pickering, appeared before the Committee in opposition to the application. She did note that while she was grateful for the concerns which had been addressed, she noted more needed to be done. She stated that during summer months, Liverpool sees bumper to bumper traffic, vehicular and pedestrian, which needs to be addressed. She questioned whether speed bumps would alleviate some of the issues. Debbie Cumming, 1318 Commerce Street, Pickering, appeared before the Committee in opposition to the application, stating she felt the neighbourhood was losing it's identity. She also noted her concerns for traffic, both pedestrian and vehicular and requested that all concerns be considered to make it work for everyone. 7 33 34 -C~o~ PJCKERJNG Planning & Development Committee Meeting Minutes December 5, 2016 7:00 pm -Council Chambers Chair: Councillor Brenner Resident appeared before the Committee to echo the concerns of the previous delegations and noted concerns with respect to the design scheme, not being in line with the area. Discussion period ensued with questions raised regarding streetscapes, traffic and sidewalks locations. Recommendation Moved by Councillor Pickles Seconded by Councillor Cumming 1 . That Zoning By-law Amendment Application A 5/16, submitted by Madison Liverpool Limited, to facilitate a residential common element condominium development on lands being Block Q of Plan M-15, Parts 1 to 5, Plan WR74, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 19-16 be forwarded to Council for enactment; 2. Tha.t the community benefits to be provided by Madison Liverpool Limited through the bonusing provisions of Section 37 of the Planning Act R.S.O. 1990, for lands being Block Q of Plan M-15, Parts 1 to 5, Plan WR74, be approved as outlined in Report PLN 19-16, and included in the provisions of the implementing Zoning By-law; 3. That the Mayor and City Clerk be authorized to enter into a Section 37 agreement with Madison Liverpool Limited to secure the improvement of the Frenchman's Bay Ratepayers Memorial Park as outlined in Report PLN 19-16 prior to site plan approval, in accordance with Section 37 of the Planning Act R.S.O. 1990, and on terms satisfactory to the Director, Corporate Services & City Solicitor, which agreement shall be registered against title to the subject lands; and 4. That a reserve fund entitled Section 37 be established to hold funds collected under Section 37 of the Planning Act R.S.O. 1990 for the improvement of the Frenchman's Bay Ratepayers Memorial Park. Carried (IV) Adjournment The meeting adjourned at 10:10 pm. 8 The Corporation of the City of Pickering By-law No. 7526/16 · Being a by-law to appoint Shaheen Butt to the vacant office of City Councillor, Ward 3. Whereas pursuant to Section 262( 1) of the Municipal Act, 2001, the Council of the Corporation of the City of Pickering declared the office of City Councillor, Ward 3, as vacant at its meeting of Council on November 21, 2016; and Whereas pursuant to Section 263(5) of the said Act, the Council wishes to appoint Shaheen Butt to fill the vacancy; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Shaheen Butt is hereby appointed to fill the vacancy in the office of City Councillor, Ward 3. By-law passed this 12th day of December, 2016. David Ryan, Mayor Debbie Shields, City Clerk 37 -Q~cd PlCKERJNG Delegations Re: Pickering Nuclear Station 1. Clean Air Alliance Jack Gibbons Re: Corr. 55-16 2. Jose Etcheverry Sustainable Energy Initiative of York University 3. Geoffrey Farella 4. Dean Milton 5. A.J. Kehoe 6. Janet McNeill Durham Nuclear Awareness (DNA) 7. Richard Szpiri 8. Victoria Jewt 9. Bob Walker, Vice-President, Nuclear Sector December 12, 2016 Keith Falconer, Chief Steward -Pickering Nuclear Generating Station Power Worker's Union 10. Natalie Erager 11 . Angela Van 12. Janice Porter 13. Stacey Leadbetter Green Party of Ontario 14. Canadian Nuclear Safety Commission (CNSC) Gerry Frappier, Director General of the Directorate of Power Reactor Regulation & Dean Hipson, Senior Power Reactor Site Inspector 15. Ontario Power Generation Leah Bourgeois Re: Appointment of Ward 3 City Councillor 16. Mike Borie 17. Peter Rodrig.ues 18. Rob Lyon 38 --C4of-- PJCKERJNG December 12, 2016 Correspondence Pages 1. 2. Carr. 55-16 Jack Gibbons, Chair Ontario Clean Air Alliance 160 John St., #300 Toronto, ON M5V 2E5 Receive for Information 40-58 Letter received from Jack Gibbons, Chair, Ontario Clean Air Alliance, along with supporting documentation which requests the immediate dismantle and decommission of the Pickering Nuclear Station after the shutdown to ensure a smooth transition. Carr. 56-16 Lynn Dollin, AMO President Association of Municipalities Ontario 200 University Avenue, Suite 801 Toronto, ON M5H 3C6 Motion to Endorse 59-61 Letter received from Lynn Dollin, AMO President, Association of Municipalities of Ontario, seeking support of a resolution to call on the Federal government to provide long-term, predictable and formula-based funding in its Phase 2 programs for municipal governments. It also asks that the Federal government change incremental requirements in Phase 2 to recognize in Ontario that a municipal government asset management plan meets a municipal incremental infrastructure requirement. 39 Direct ecommissioning of the Pickering Nuclear eneration Stati n: Economic and Other Benefits by Ralph Torrie, Torrie Smith Associates, with research assistance from Brian Park for Ontario Clean Air Alliance Research March 2016 42 Foreword Ontario Clean Air Alliance Research commissioned Terrie Smith Associates to look at the economic implications of de-commissioning the Pickering Nu- clear Station. The Pickering Station is Ontario's oldest commercial-scale nuclear station. · Construction on the eight reactor plant started in 1966 and took almost 20 years to complete. As with every other nuclear project in Ontario's his- tory, construction costs went massively over budget, with Pickering B costing more than double the initial estimated cost. Pickering has had a checkered operational history with numerous perform- ance issues. In 1997, four Pickering A reactors were shut down for repairs after a scathing safety review. In the end, only two units were eventually re-started (Units 1 and 4) with the other two "A" reactors mothballed. Today, the Pickering Nuclear Station is one of North America's highest-cost nuclear stations. In 2014, Pickering's fuel and operating costs alone (8.16 cents per kWh 1) were more than double the average market price of elec- tricity (3.60 cents per kWh2). As a result, the Independent Electricity System Operator was required to provide Ontario Power Generation (OPG) with "out-of-market" payments of approximately $900 million to subsidize Pick- ering's operating deficit.3 Currently, the plant is operating beyond its original"design lifetime" which came to a close in 2015. In other words, systems are being pushed past the operational period for which they were originally designed despite the ma- terials problems caused by the intensely inhospitable environment inside the reactor cores that have taken their toll over years of operation. The Pickering Station is now surrounded by a large and growing urban area, and is closer to a major urban centre -Toronto -than any other nuclear plant in North America. Recently, OPG was ordered to proactively distribute potassium iodide (anti-radiation} pills in the 10 kilometre potential radio- active fallout zone around the plant and to ramp up efforts to distribute them throughout the 50 kilometre potential fallout zone around the station that includes the entire City of Toronto and parts of its northern and eastern outer suburbs. The Ontario Government now says that it wants the Pickering Plant to con- tinue operating until 2024. This is a reversal of its earlier position that the plant should close no later than 2020. There is no question that the earlier deadline makes much more sense for both performance and safety reasons. 4 ~irect Decommissioning of the Pickering Nuclear Generation Station ·The Pickering Nuclear Station ·is one of North America's highest- cost nuclear stations and the aging plant is currently operating beyond its origin.al"design lifetime." There are significant risks to relying on investment growth to pay for decommissioning costs. ii When the reactors are permanently shutdown, the question becomes: "What happens next?" No jurisdiction has ever decommissioned a CANDU nuclear station. But with Pickering permanently closed, we cannot simply walk away from its highly radioactive remains. Terrie Smith's analysis finds that there are major advantages to proceeding . with decommissioning work immediately rather than following OPG's pro- posed approach of leaving the plant dormant for 30 years before proceed- ing. The first advantage is cost and cost certainty. Terrie Smith calculates that dir- ect decommissioning can save $800 million to $1.2 billion on the total cost of decommissioning, in part by avoiding the costs of securing and maintaining the site for 30 years. It also ensures that the financial risk of a first-of-its-kind project is not pushed forward for 30 years, but dealt with today. The entire estimated cost of Pickering can be covered by the Decommis- sioning Fund, including the net cost of moving forward the work. Relying · on investment growth to cover deferred decommissioning costs is high risk, particularly in a slow growth economy. In our view, it is better to use funds set aside specifically for decommissioning to deal with the problem at hand. The second advantage is a smooth transition from an operating facility to a decommissioning project. This would better ensure continued employment for many Pickering workers and would also ensure that existing expertise. and plant-specific knowledge was readily available to assist with the decom- missioning work. Thirty years from now, there will be. few, if any, people left in the workforce with firsthand experience of Pickering's difficult operat- ing history. Essentially, we will need to train a whole new set of workers to undertake work on a plant with which they have no familiarity. The third advantage is safety. There is actually no particular reason -other than relying on investment growth to increase decommissioning funds-to wait 30 years to begin the work. The most radioactive component of the site-spent fuel and heavy water used for cooling-will have to removed immediately in any case. Working within the radioactive environment of the closed plant will be no different than it was when staff worked on reactor re-start projects at both Pickering and Bruce. What is different is that a 30- year wait will allow corrosion and decay to take a further toll on the plant, thereby increasing safety risks. It is far better to deconstruct and safely store the remains of the plant now. All of this makes direct decommissioning the logical way to proceed. Ter- rie Smith calculates that direct decommissioning will create 16,000 person . years of employment, which is greater than the 15,400 person years of em- Ontario Clean Air Alliance Research 4 4 ployment that OPG estimates would be created by its proposed Darling- ton re-build project (assuming all four Darlington reactors are rebuilt). But just as importantly, the funds to decommission Pickering will come from a dedicated Decommissioning Fund whereas the funds for the Darlington Re- Build will come from electricity consumers, meaning the Pickering project will have no impact on electricity rates while the Darlington project will increase rates. Decommissioning, whether direct or deferred, raises the question of how to store low-to high-level radioactive waste, the often ignored legacy of On- tario's heavy dependence on nuclear power. As Terrie Smith note, the high level waste at Pickering -fuel and heavy water-will have to be removed and stored immediately whichever path is chosen-direct or delayed decom- missioning. Unfortunately, there are no truly "good" solutions to the problem of waste storage. The industry's preferred solution of deep geologic storage for high- level wastes raises many concerns, from leakage to how to move radioactive waste hundreds or thousands of kilometres. The process to develop such high-level sites is also proceeding at a glacial pace in the face of serious concern from citizens and communities being asked to host such a facility. Meanwhile, OPG's proposed deep geologic facility for low-and intermedi- ate-level waste at the Bruce Nuclear Station on the shores of Lake Huron has been hugely controversial, located as it is near the source of drinking water for 40 million North Americans. The new federal government has indicated it wants to step back and review plans for this site. Generally, we believe hardened onsite storage is a better solution. For spent fuel storage, such hardened storage will be a significant step up from the current temporary warehousing of waste. For other materials, the advan- tage is keeping the problem contained and in sight while the process of radioactive decay slowly reduces the threat posed by lower level wastes. The final critical advantage of embarking on direct decommissioning is de- veloping expertise in the nuclear industry's one and only growth sector: dis- mantling shut down facilities. Currently, shutdowns have been proposed for two nuclear plants right across the lake in New York State4 with growing pressure to shut down a third-the Indian Point station outside of New York City. Vermont recently closed its only nuclear plant and is starting the decom- missioning process.5 The Pilgrim Nuclear Plant in Massachusetts will close in 2019.6 Overall, the United States has the world's largest, but oldest; fleet of reactors and economic pressures could lead to closure of dozens of units 4 girect Decommissioning of the Pickering Nuclear Generation Station Decommissioning raises the issue of how to deal with radioactive waste, an often ignored aspect of Ontario's heavy dependence on nuclear power. iii About the Author Ralph Torrie is an expert in the field of energy, environment and climate change response strategies, with 35 years of entrepreneurial, management and consulting experience that includes hundreds of initiatives in research, business development, and public policy. He is a principal ofTorrie Smith Associates, a research and software development firm he founded, and he has an ongoing interest in electric power planning issues in Ontario that dates to his involvement with the Royal Commission on Electric Power Planning in the 1970s. He also spent two years as Assistant Coordinator of the Energy Research Group of the United Nations University and the International Development Research Centre, and six years as a corporate executive, first as Vice President at ICF International and then as Managing Director at Navigant, both publicly traded U.S. based firms with significant Canadian operations. Acknowledgements Research supported by the Echo Foundation and the Taylor Irwin Family Fund at the Toronto Foundation. 48 Introduction According to current plans, the Pickering Nuclear Generating Station (PNGS) will be the first of Ontario Power Generation's nuclear plants to be permanently shut down.1 Two of its eight 500 megawatt (MW) reactors have been shut down since 1997 and the other six are operating on ad hoc license extensions that expire in 2018.2 Under Ontario Power Generation's (OPG's) preferred strategy of ''deferred decommissioning;' the utility pro- poses to put the plant in a safe shutdown state and let it sit idle for 30 more years before commencing dismantlement. In today's dollars, the estimated cost for decommissioning the eight-unit station will be $5 billion, induding the cost of mothballing and maintaining' the radioactive plant in a safe shutdown state for several decades. This paper explores the economic, employment, and other benefits of an alternative strategy in which the multi-year process of disman- tling begins immediately after shutdown and is completed by 2030. When a nuclear reactor reaches its "end-of-life" andis shut down for the last time, it must be "decommissioned:' But dismantling and disposing of a defunct nuclear power reactor is not your average demolition project. First the nuclear fuel is removed and stored as high-level nuclear waste while the water is also drained from the reactor in preparation for the dismantling and disposal of the reactor components, the steam generators and the miles of piping and ~ther equipment that make up a nuclear power plant. Even with the fuel removed, the interior components of the reactors remain radioactively contaminated-a large part of the plant is essentially radioactive waste. Decommission- ing, therefore, requires the use of robotics and shielded working environments whether tl1e plant is dismantled immediately after defueling or 30 years later. Meanwhile, the low-and intermediate-level radioactive waste that results from the plant's dismantling must be prepared for shipment to either temporary or permanent waste dis- posal sites (should such a permanent site be developed), all while minimizing public and worker exposure. It is an expensive and labour intensive process and while no CANDUs have yet been decommissioned, OPG's $5 billion estimate for the Pickering Station ($630 million per reactor) is on the low end of the estinlated cost range-the estimate for de- commissioning the ~ingle unit CANDU in New Brunswick is over $900 million. 3 Ontario Power Generation's planned approach is called "deferred decommissioning"- the reactors are put in a state of "safe shutdown" after defueling and dewatering and then left idle for 30 years or more before final dismantlement and disposal. Most of the costs (and the related job creation) are postponed for more than 30 years. However, international nuclear regulatory agencies discourage use of the deferred com- missioning approach and recommend instead ~direct decomln.issioning," the practice of dismantling the reactors immediately after permanent shutdown. This paper provides ~ initial review of the economic and other benefits that would go along ·witl1 the adop- tion by OPG of the industry best practice of direct decommissioning, beginning with the Pickering Nuclear Generation Station. 4 ~irect Decommissioning of the Pickering Nuclear Generation Station 1 Ten of the other 12 large power reactors owned by OPG (at the Dar- lington and Bruce nuclear stations) will reach their "end of life" dates during the 2020s at which time they will either be de7 commissioned or "refur- bished." The term ;,refur- bishment" refers to the rebuilding of the reactor core "from the inside out" in order to extend its oper- ating life. The early stages of rebuilding are similar to decommissioning insofar as it involves removing the fuel, the pressure tubes and other compon- ents inside the primary containment envelope. Rebuilding however is much more expensive and capital intensive (fewer jobs created perdollar spent) than decommis- sioning as it requires new reactor components to be manufactured, in- stalled, commissioned and licensed for operation. The cost of any reactor rebuild will be added to th~ future price of electri- City in Ontario. The cost of decommissioning, on the other hand, will be paid from the "Nuclear Decommissioning Fund", a special saviri~s fund OPG is required to maintain and which, as of January 2015, had a balance of more than $7.4 billion. 2 OPG has .indicated it would like to further extend the life of the aged Pickering Station beyond its current 2018 license expiration, perhaps for as much as another six years. 1 2 3 Unless otherwise indicated; we have used 2012$ throughout this report, consistent with the cost estimates provided by OPG. OPG's risk con- tingency factor of four per- cent has been pro-rated to component costs. As a rough indicator, 2012$ can be converted to 2016$ by multiplying by 1.05. 4 Except for this rela- tively small contribution, the cost of long-term management of the highly radioactive spent fuel from the reactors is not counted as a cost of decommissioning. OPG's estimated cost for the long-term management of the spent fuel from the Pickering Station is $4.3 billion.A separate savings fund has been created for the cost of long-term management of the spent fuel. 5 Employmellt estimates in this report are for direct job creation only, and are consistent with CANDU decommissioning stud- ies. Indirect and induced employment generated __ _ would more than double the estimated job creation of most OPG expenditures. Deferred Decommissioning-OPG's planned approach The most recently revised plan and cost estimates for the decommissioning of the Picker~ ing Nuclear Station are based on the current end-of-life dates for the reactors, with the six remaining units shutting down between 2017 and 2019. The two reactors that have been shut down since 1997 have already been defueled and dewatered and the remaining six units would be prepared for dormancy over the 2018-2020 period at an estimated cost of $270 million. The cost of maintaining the plant throughout the dormancy period is esti- mated by OPG to be $644 million, not counting what has already been spent on Picker- ing A. In addition, the cost of managing all the low-level radioactive waste that would be generated during the dormancy period is estimated to be in excess of $350 million. These are the premiums associated with the deferred -approach to decommissioning and most of this money could be saved by proceeding with direct decommissioning. After the dormancy period, tl1e reactors and all their auxiliary systems and buildings would be systematically dismantled and the site remediated at an estimated cost of $2.4 billion, not including the cost of managing and disposing of the low-and intermediate- level waste. Managing and disposing of the radioactive waste generated during both the dormancy period and the :final dismantlement adds another $1.6 billion to the total cost estimate, including a contribution to the cost of spent fuel management during the period after the plant is shut down and before the availability of a long-term repository.4 Adding it all up, OPG's estimated cost for decommissioning and disposing of the Picker- ing Station totals $4.9 billion, not including costs already incurred prior to 2012 (mainly for the defueling and dewatering of Units 2 and 3). With OPG's proposed "deferred de- commissioning" this spending would be spread out over the next several decades, with 50% of the expenditures (and the associated job creation) occurring after 2050. The $4.9 billion expenditure would generate direct employment of20,000 person-years.5 Direct Decommissioning With the direct decommissioning, many of the activities are the same, but the annual cost of maintaining the plant in a dormant state for decades is eliminated and the activities associated with preparing the plant for dormancy can be eliminated or integrated with the activities required to prepare the plant for dismantling. Low-level waste generation during the dormancy period is also eliminated leading to additional cost savings. The timeline for direct decommissioning is compressed to 12-14 years, as compared with the 42 years required for deferred decommissioning. There will be some offsetting expendi- tures, but we estimate savings from the elimination of the 30-year dormancy period total at least $800 million and could be as high as $1.2 billion. Conservatively assuming the lower savings figure, this would reduce the cost of decom- missioning the eight-unit Pickering NGS to $4.1 billion, compared to OPG's estimated $4.9 billion for deferred decommissioning. Torrie Smith Associates for OCAAR 50 While OPG is required to maintain a fund to cover decommissioning costs, current regu- lations and the deferral of the work into the second half of the century allow OPG to set aside only $2.75 billion for the decommissioning of the Pickering station and then rely on compound interest and pass-age of time to ensure that there will be sufficient funds in the decommissioning account in 2050 to pay for the work. With direct decommissioning, costs are reduced, but spending is moved forward in time, effectively increasing the present value of the station decommissioning cost While the cost of direct decommissioning of Pickering is lower than for deferred decommissioning ( $4.1 billion vs. $4.9 billion), the net present value of direct decommissioning is $2.9 bil- lion, compared with $2.75 billion for deferred decommissioning. The increase in present value from moving the expenditures forward is almost completely offset by the real sav- ings from the direct decommissioning-approach. The residual $150 million difference is relatively small compared to the $1 billion-plus surplus in the Decommissioning Fund6, so the cost of the switch to direct decommissioning of the Pickering NGS can be covered ·without any additional charges to Ontario electricity ratepayers. The direct decommissioning option eliminates the labour required to watch over and keep the reactors safe during the 30-year dormancy period and delivers more than twice as many jobs as deferred decommissioning during the next 15 years. Between 2016 and 2030, the direct decommissioning scenario would generate 16,000 person-years of em- ployment, which is greater than the 15,400 person-years of employment that would be created by the execution phase of the proposed Darlington Re-Build (2016-2026) proj- ect.ii And, as noted above, the decommissioning jobs would be paid for from the Nuclear Decommissioning Fund that has been established for just this purpose. Unlike nuclear plant rebuilds, decommissioning costs would not contribute to electricity rate increases. The Benefits of Direct Decommissioning With direct decommissioning, dismantling is not postponed for decades but proceeds immediately after the reactor has been defueled and dewatered. Historically, the deferred decommissioning approach was preferred, and it' prevailed 25 years ago during OPG's nuclear expansion era. Since then, however, as further experience and insights have been gained from nuclear power programs around the world, the strategy-of-choice has shifted to direct decommissioning in recognition of the disadvantages, costs and risks of the long dormancy period that characterizes postponing dismantlement compared to the relative cost savings and lower risks of immediate dismantlement. Experience with decommissioning in Germany in the 1990s, for example, showed that immediate dismantlement was cheaper, safer and less risky than deferral, and that defer- ral was not justified on the basis of assumed better dismantling techniques in the future. iii Over_ the past 15 years, the arguments for immediate dismantlement have strengthened such that "the emerging international trend is more towards immediate dismantling than was previously the case (e.g. France, Italy, United Kingdom, Spain, Japan):'iv S virect Decommissioning of the Pickering Nuclear Generation Station 6 The balance in the Nuclear Decommissioning Fund at the beginning of 2015 was $7.35 billion. The purpose ofthe Fund is to cover the present value of the deferred decom- missioning and because OPG's policy is to defer dismantlement of the re- actors for decades into the future, the requirements ofthe Fund are sensitive to the assumed end-of-life dates for the reactors, the discount rate, and the pre- dicted cost of the future decommissioning. The Fund increases each year according to the return its investments make, less any withdrawals to pay for decommissioning activ- ities, plu~ any contribu~ tions from OPG necessary to coverthe utility's asset retirement obligations for the nuclear stations. At the beginning of 2015 the liability was $6.2 billion, putting the fund in a $1.1 billion "surplus" position. 3 posure and radioactive waste that would be generated over the 30-year dorman- cy period. Indeed, the bulk of the low-level radioactive waste generated during deferred decommissioning accumulates during the dormancy period. Notably, radiological hazards have not prevented OPG from proposing to proceed with nuclear plant rebuilding without delay; a process that involves similar and, in some cases, identical tasks to be carried out inside the same contaminated pri- mary containment envelope as is the case for dismantlement. • Local economic impact. Direct dismantling is more consistent with a smooth transition in the local economy after a power plant shuts down. As discussed above with regard to the Pickering NGS, adoption of a direct dismantling strat- egy for that plant would cause a major, positive impact on employment at the station that would continue throughout the 2020s. • Provincial and federal government benefits. Money for funding the decommis- sioning of OPG's reactors is collected as part of the price of electricity in Ontario, and as of January 2015 OPG's Decommissioning Fund had a balance of more than $7 billion. Putting some of this money back into the Ontario economy now by proceeding with the direct decommissioning of the Pickering Nuclear Station will create jobs and stimulate economic activity while returning significant tax revenue to both the provincial and federal governments. • Financial Risk. The approach taken in Ontario in which OPG is only required to set aside today's present value of the future cost of the postponed dismantling of its reactors runs the risk that in the decades ahead the Decommissioning Fund will not earn the necessary real rate of return to ensure there are sufficient funds to cover the cost of decommissioning the Pickering reactors in the 2050s. Once the reactors shut down, they will no longer be contributing revenue to the cost of decommissioning so any shortfall that dev~lops because of underperformance of the fund will have to be made up by future ratepayers or the Province of Ontario. Over the long dormancy period, the Decommissioning Fund will be subject to all the risks attached to any long-term investment, which is why the OECD Nuclear Energy Agency review concluded that "regardless of country or fund manage- . ment arrangements, however, accumulated reserves held for long periods of time are exposed to considerable risk from inflation, money market losses, economic crises and conflicts involving major changes of state institutions. This leads to the clear international view that, as regards to the security of funding, decom- missioning should be carried out as soon after closure as the necessary funds are available''vii and that "it is not good practice to use the lower current-day funding requirements associated with a net present value calculation as justification for taking a deferred dismantling approach" [emphasis added].viii The financial risk of the present-value approach is exacerbated by the risk that the decom- missioning cost estimates are themselves too low. This is a difficult risk to assess as OPG does not publish the details ofits decommissioning plans and there is no actual CANDU decommissioning experience to use as a reference point. Indeed, another reason for pro- ceeding with direct decommissioning of the Pickering NGS would be to reduce the un- certainty in the cost estimates so that any necessary adjustments to the Decommissioning Fund can be made while the other reactors are still operating. S §irect Decommissioning of the Pickering Nuclear Generation Station 5 6 At the height of OPG's nuclear expansion activity, Atomic Energy of Canada Ltd. con- ducted a "detailed study of the various procedures and costs associated with decommis- sioning a CANDU reactor"ix and then concluded that the deferred decommissioning op- tion for a 600 MWe CANDU, assuming a 30-year dormancy period, would cost $60 mil- lion in 1975 dollars or about $240 million in 2010 dollars. By 2010, the decommissioning cost estimate for the 600 MWe CANDU plant at Point Lepreau had nearly quadrupled -to $900 million -and the firm that prepared the estimate warned that: It has been TLGs experience that the results of a risk analysis, when compared with the base case estimate for decommissioning, indicate that the chances of the base decommissioning estimate's bezng too high is a low probability, and the chances that the esti- mate is too low is a higher probability.x Conclusions Direct decommissioning has emerged as the internationally preferred strategy for nuclear power plants and this review suggests that such an approach would deliver financial, eco- nomic, employment, and safety benefits to Ontario. At no cost to Ontario power con- sumers, injecting money from the Decommissioning Fund into the Ontario economy at this time in order to proceed with the dismantling and disposal of the Pickeling Nuclear Generation Station would: ./ create needed economic stimulus and employment; ./ save $800 million in the overall cost of decommissioning the station; ./ generate 16,000 person-years of direct employment between 2016 and 2030, and more than twice this many when indirect and ind~ced employment impacts are included; ./ significantly reduce the volume of radioactive waste that would otherwise be generated by the plant over the next 40 years; ./ return hundreds of millions in tax revenue to Ontario and other levels of govern- ment;and ./ generate the experience Ontario will need to properly manage its own nuclear fleet while positioning it as a world leader in the fast-growing global market for nuclear decommissioning technologies and services. Torrie Smith Associates for OCAAR S 4 Endnotes OPG's plans and detailed cost estimates for decommissioning are not public, but we were provided with the following summary cost information in response to a Freedom oflnformation request: "2012 ONFA Reference Plan Update Program Summary Cost Estimate Report" (W-REP-00400-0004-ROO, 2011-11- 22), "2012 ONFA Reference Plan Update Station Decommissioning Summary Cost Estimate Report'; (W-REP-09600-00010-ROl, 2011-11-22), "2012 ONFA Reference Plan Update L&ll.W Operations Summary Cost Estimate Report': (05386-REP-0400-00003, November 2011), "2012 ONFA Reference Plan Update L&ILW Long Term Management Summary Cost Estimate Report': (00216-REP-00400- 00004, November 2011) "2012 ONFA Reference Plan Update'Used Fuel Storage Cost Estimate Report" ( 06819-REP-00400-00003-R01, 2011-11-28), and "20 12 ONFA Reference Plan Update Long Term Used Fuel Management Summary Cost Estimate Report': (W-REP-0400-00005-ROl, 20 11-11-22). We were also able to draw on the decommissioning plans for the Point Lepreau NGS in New Brunswick and for the Gentilly 2 NGS in Quebec, both of which are accessible on public web sites: TLG Services, Inc., "Decommissioning Cost Study for the Point Lepreau Generating Station': prepared for New Brunswick Power Nuclear, Document N29-1632-002, Rev. 0, June 2010. Accessed on the web site ofNew Brunsv.ickEnergy & Utilities Board, http:/ /www.nbeub.ca/opt/E/get_document.php?doc=30.52. pdf&no=5369. TLG Services Inc., "Preliminary Decommissioning Plan for the Gentilly 2 Nuclear Generating Statim:i': prepared for Hydro-Quebec, 2000. Accessed from the web site of Quebec Bureau d'audiences publiques sur lenvironnement, http://www.bape.gouv.qc.ca/sections/mandats/gentilly-2/documents!liste_docu- ments-DA-OB-DC.htm. ii According to OPG, the Darlington Re-Build Project would create 30 million person hours of field work, which is equivalent to 15,400 person-years of employment See http://www.opg.com/generating-power/ nuclear/stations/ darlington-nuclear/ darlington-refurbishment/Pages/Semi-Annual-Performance-Re- portaspx. iii European Commission, "Decommissioning of nuclear installations in the European Union: Support- ing document for the preparation of an EC communication on the subject of decommissioning nuclear installations in the ED': compiled by P. Vankerckhoven, DG XI/C.2, Directorate-General Environment, Nuclear Safety and Civil Protection, 1999. EUR 18860 EN .. iv NEA/OECD, "Selecting Strategies for the Decommissioning ofNuclear Facilities: A Status Report': NEA No. 6038, 2006. v International Atomic Energy Agency, "Decommissioning of Facilities': Section 5 of General Safety Re- quirements Part 6 (GSR Part 6), issued 2014. vi NEA/OECD, "Selecting Strategies for the Decommissioning ofNuclear Facilities: A Status Report~ NEA No. 6038, 2006, p.21. vii NEA/OECD, "Selecting Strategies for the Decommissioning ofNuclear Facilities: A Status Report~ NEA No.6038,2006,p. 19. viii NEA/OECD, "Selecting Strategies for rl1e Decommissioning ofNuclear Facilities: A Status Report~ NEA No. 6038, 2006, p. 10. i:x: G.N. Unsworth, "Decommissioning of CANDU Power Stations~ Report AECL-6332, April1979. x TLG Services, Inc., "Decommissioning Cost Study for the Point Lepreau Generating Station': prepared for New Brunswick Power Nuclear, Document N29-1632-002, Rev. 0, June 2010. Accessed on the web site ofNew Brunswick Energy & Utilities Board, http:/ /www.nbeub.ca/opt!E/get_document.php?doc=30.52. pdf&no=5369. Section 3, p.S. S ~irect Decommissioning of the Pickering Nuclear Generation Station 7 The plant was successfully decommissioned between 1997-2005 with structures removed and the site restored to stringent federal and state remediation standards. In October 2005 the U.S. Nuclear Regulatory Commission (NRC) provided notification that the former plant site had been fully decommissioned in accordance with NRC procedures and regulations. Above: diagram of vertical concrete storage cask with canister. Right: diagram of transport cask with canister. Stainless steel transport cask body Stainless steel/lead/stainless \. -, ·;:_.J{~~ steel cask ~ · · .·', .. High-efficiency -· · · shielding ofa tvVo ~11~:, ·· ~8 insh,~$ ()ff~inforced ,·. 50 ton~ and contains a: ·. 61 3 FEDERAL INFRASTRUCTURE PHASE 2 INCREMENTALITY RESOLUTION WHEREAS municipal governments' infrastructure is critical to our collective economic health; WHEREAS stable, predictable and formula-based infrastructure funding allows municipal governments to plan and schedule investments in infrastructure; WHEREAS Ontario municipal governments have asset management plans which set out a municipality's longer term capital plan which reflects the infrastructure priorities of these asset management plans; and WHEREAS a federal incrementality rule interferes with municipal long-term infrastructure priorities and diminishes the value of municipal asset planning and management; NOW, THEREFORE BE IT RESOLVED that the (name of municipality) calls on the federal government to provide long-term, predictable, and formula-based funding in its Phase 2 programs for municipal governments; and BE IT ALSO RESOLVED that the (name of municipality) calls on the federal government to change incremental requirements in Phase 2 to recognize in Ontario that a municipal government' asset management plan meets a municipal incremental infrastructure requirement. Please forward your resolution to: AMO President Lynn Dollin amopresident@amo.on.ca 200 University Ave. Suite 801 Toronto, ON, M5H 3C6 www.amo.on.ca amo@amo.on.ca Tel 416. 971.9856 Fax 416. 971.6191 Toll Free in Ontario 877.426.6527 -~o~ PJCKERJNG December 12, 2016 Committee Reports a) Report EC 2016-10 of the Executive Committee Executive Pages 1. 2. 3. Director, Community Services, Report CS 16-16 Seniors and Persons with Disabilities Snow Clearing Program -Revision to Width of Path of Travel -Extension of Contract -Quotation No. Q-51-2014, Purchase Order No. BL 160671 Recommendation 1-3 1. That Council approve the revision of the City's Seniors and Persons with Disabilities Snow Clearing Program that increases the path of travel from the driveway to the closest house entry from 2 feet to 3 feet commencing with the 2016/2017 winter season; 2. That the existing 3 year contract with Gray's Landscaping & Snow Removal Inc. ending April 30, 2017 be extended by one term to include the 2017/2018 winter season from November 1, 2017 to April 30, 2018; and 3. That the appropriate City officials be authorized to take the necessary actions as indicated in this report. Director, Corporate Services & City Solicitor, Report CLK 07-16 Municipal Elections Modernization Act, 2016 -Ranked Ballot Election Recommendation 4-24 1. That Council maintain the existing first-past-the-post election model for the 2018 Municipal Election; and 2. That the City Clerk be directed to monitor ranked ballot elections in Ontario on an ongoing basis, and report back to Council before the 2022 Municipal Election regarding the experiences of ranked ballot elections and the advisability of Pickering adopting the ranked ballot election process. Director, Engineering Services, Report ENG 20-16 Accessible Parking Space Requirements Update -Amendment to Traffic and Parking By-law 6604/05 Recommendation 25-57 62 4. 5. 63 1. That the attached draft by-law be enacted to amend By-law 6604/05 to provide for the regulation of traffic and parking on highways, private property and municipal property within the City of Pickering, specifically to provide for an extensive update on the accessible parking requirements; 2. That the accessible parking space requirements be reviewed in 2017 with the City of Pickering Accessibility Advisory Committee; and 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Director, Finance & Treasurer, Report FIN 23-16 2017 Temporary Borrowing By-law Recommendation: 58-62 1. That the temporary borrowing limit of $43,000,000 be established to meet 2017 current expenditures pending receipt of taxes and other revenues for the period of January 1, 2017 to September 30, 2017 inclusive, and $21,500,000 thereafter until December 31, 2017; 2. That the temporary borrowing limit for capital purposes for 2017 be established at $43,000,000; 3. That the attached draft by-law providing for the temporary borrowing of monies be enacted; and 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Director, Finance & Treasurer, Report FIN 24-16 2017 Interim Spending Authority Recommendation 63-66 1. That the 2017 Interim Operating Expenditures be approved at 50% of the prior year's budget, including adjustments, as contained in Attachment 1, pending approval of the formal 2017 Current Budget by Council; and 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. -04Jof- P1CKER1NG December 12, 2016 Committee Reports b) Report PD 2016-08 of the Planning & Development Committee Pages 1. (Acting) Director, City Development, Report PLN 18-16 Official Plan Amendment Application OPA 15-005/P Zoning By-law Amendment Application A 18/15 1-44 2. Draft Plan of Subdivision Application SP-2015-08 Draft Plan of Condominium Application CP-2015-03 Altona Land Development Corporation (Geranium Homes) Part of Lot 33, Range 3, BFC (1484 and 1498 Altona Road) Recommendation 1. That Official Plan Amendment Application OPA 15-005/P, submitted by Altona Land Development Corporation, to re-designate the lands being Part of Lot 33, Range 3, BFC, from "Urban Residential Areas-Low Density Areas" to "Urban Residential-Medium Density Areas" to allow. a common element condominium development consisting of 22 townhouse units, be approved, and that the draft by-law to adopt Amendment 28 to the Pickering Official Plan as set out in Appendix I to Report PLN 18-16 be forwarded to Council for enactment; 2. That Zoning By-law Amendment Application A 18/16, submitted by Altona Land Development Corporation to facilitate a residential common element condominium development consisting of 22 townhouse units on lands being Part of Lot 33, Range 3, BFC, be approved, and that draft Zoning By-law Amendment as set out in Appendix II to Report PLN 18-16 be forwarded to Council for enactment; and 3. That Draft Plan of Subdivision Application SP-2015-08, submitted by Altona Land Development Corporation, on lands Part of Lot 33, Range 3, BFC, to establish a single development block to facilitate a common element condominium, as shown on Attachment #2 to Report PLN 18-16, and the implementing conditions of approval, as set out in Appendix Ill, be endorsed. (Acting) Director, City Development, Report PLN 19-16 Draft Plan of Condominium Application CP-2016-01 Zoning By-law Amendment Application A 5/16 Madison Liverpool Limited Block Q of Plan M-15, Parts 1 to 5, Plan WR74 (7 4 7 Liverpool Road) 45-77 64 65 Recommendation 1. That Zoning By-law Amendment Application A 5/16, submitted by Madison Liverpool Limited, to facilitate a residential common element condominium development on lands being Block Q of Plan M-15, Parts 1 to 5, Plan WR74, be approved, and that the draft Zoning By-law Amendment as set out in Appendix I to Report PLN 19-16 be forwarded to Council for enactment; 2. That the community benefits to be provided by Madison Liverpool Limited through the bonusing provisions of Section 37 of the Planning Act R.S.O. 1990, for lands being Block Q of Plan M-15, Parts 1 to 5, Plan WR74, be approved as outlined in Report PLN 19-16, and included in the provisions of the implementing Zoning By-law; 3. That the Mayor and City Clerk be authorized to enter into a Section 37 agreement with Madison Liverpool Limited to secure the improvement of the Frenchman's Bay Ratepayers Memorial Park as outlined in Report PLN 19-16 prior to site plan approval, in accordance with Section 37 of the Planning Act R.S.O. 1990, and on terms satisfactory to the Director, Corporate Services & City Solicitor, which agreement shall be registered against title to the subject lands; and 4. That a reserve fund entitled Section 37 be established to hold funds collected under Section 37 of the Planning Act R.S.O. 1990 for the improvement of the Frenchman's Bay Ratepayers Memorial Park. By-laws 7527/16 7528/16 7529/16 7530/16 7531/16 7532/16 7533/16 December 12, 2016 Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham being Range 3, Part Lot 33, 40R-29042 Parts 1 and 2, Plan 40M-1515 Blocks 85, 86, 90 and Part Blocks 84, 94, 95 Except 40R-25893 Parts 3 and 5, and 40R-28842 Parts 1 to 4, City of Pickering. (A 18/15) (By-law attached) Being a by-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Block Q, Plan M-15, Parts 1 to 5, Plan 40WR74. (A 5/16) (By-law attached) Being a by-law to amend by-law 6604/05 providing for the regulating of traffic and parking, standing and stopping on highways or parts of highways under the jurisdiction of the City of Pickering and on private and municipal property. [Refer to Executive Committee agenda pages 52 -57] · Being a by-law to authorize the temporary borrowing of monies to meet the current and capital expenditures of the City of Pickering for the yea~ 2017. [Refer to Executive Committee agenda pages 61 -62] Being a by-law to exempt Part of Lots 4 and 5, Plan 40M-1918, being Parts 4 and 5, Plan 40R-19416 from part lot control. (By-law attached) Being a by-law to adopt Amendment 28 to the Official Plan for the City of Pickering (OPA 15-005/P) (By-law attached) Being a by-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering, Region of Durham in Part of Blocks A and B, Plan M-998, and Part of Lot 22, Concession 1, Parts 1 to 5, 12, 18 to 23, 40R-8184 (A 15/16) (By-law attached) 66 The Corporation 'of the C,ity of Pickering · ..... By-law Np. 7527/16 · Being a By.;law to an1end R.~stricted:Area (Zoning) By-law3036, ·.·. · _ as amended, to implement the Officip] Plall. of the CitY of Pickering, -· - · . Region of Durham, being Range 3, Part Lot33,0_40R.-2EW42-_ _ .·-_. -. . Parts_-1·and2,Pian40M-1515 Blocks 85, 86,90 and Part Blocks 84, 94, 95 Except 40R-25893 Parts 3 and 5, and 40R-28842 _ .· , ·.. PartsJ tp 4, CitY of Pick~ring· (A 18/15) _ · __ ·. ·-· -. .. · .. . . . ' ~· .'·: ,.· . . .. : ' ·· Whereas the Gouhcil ofThe Corporation ofthe.CitydfPic_kerihg reteived'an applic~lion .. - .. · to rezone the -subjet11ands being. Range 3, Part Lot 33~ 40R.-290,42Parts f a_rid i, Pl?.n . -. 40M~1515 Blocks 85;_ 86, 90_ and Part Blocks 84,.94; 95 Except 40R-:-25893 P8,rts 3 ancL5, -.. · .-and40R.-28842Parts1 toA in the City ofPi-ck~dngtopennifa-commonete-ment -- . --condotnini~m development; '' ,. . ' -·. ' -; -' -'' ' . . ·. ·'.·, ·, . -. ·.•_ Andvvhereas an·ameildmerlt toZcming By:-law3Q3G;asame:hded; isreqult~d-toperrnit · _ ·. < ·.· .... -. ··-' -. csuchuses;'· . ; ' ' ,' ' -. -. ' ' ' ' ; .. - . ··.:.·.· ... -·. :. : ' Now therefore theC6unci16fThe Corp6ratiohof _the dtyofPickering'h~reby ena9ts ~s < .· -;follows:'... .-:. ---->. c; -'_l' .. ,_··· 1 ~ -·.-Schedu1~·1··· .. ·· ' •.' •• J ... :>·· . ,·_. Schedule lh~reto .vJith notati-6ns and references shoyvn ther~cki ace her~ by _ . · decl9redto be partofthisBy~law~ · , ··· · -, . · · · · · · ... " .:,·. . ...... ·. 2. ·· Area-Restricted · . · .... ·. ·'. ' .•. :·- . ~ . ' .... ,. __ , . . The provisions of this By-law shall apply tothose jands.onRange 3; Pc;1rt tqt33,. ·. ·· · . · 40R:2904~Parts1 and2, Plan 4-0M-1515 Slacks 85, 86, g·o and Part·BfO'cks 84,. . 94, 95 Except-40R-25893 Parts-3 and 5, ah_d40R-28842 Parts 1 to4 in the City: .. of Pi.ckering, designclted "MD,.H14" and "MQ,-H15"on Schedule I attached hereto: . . ... -3. . : .... ~eneral Provisi_9n.s .· · :· .• .. ··. ;-'·:. _· ' . .-··,. . ·-. . . ' ·. ~-. .', -.. . . · .. :. . -·-( . . ,, . . .;..··- ·:·· .. · .· :' .... · . .... N6 buildin'g; structure; {and or part th_~reof shall h~r~after qe_ used; oc~~pied, .·-. . . erected, mC>vep or structurally altered exceptin conformity with the:provisions of. .· .. ·.·-' .··. this By~law:: > -. ·. · ·.. •. ·. . .. . ·' --·· . --: . -: -; _-_ · ··· .,> _ • . ... . _ :A~ .. · :·Definitio-ns·· . . ' ,. ' ~ In this By:law, .. · . _..·. '. ,. ·.· ' . . . ·.•. .. .. . ·. ·' (1) 68, · "Air Conditioner" means any mechanicaL equipment which is required for · residential domestfc use and which must be -installed outdoors il"lcluding . central air conditioning units, heat pumps, heat exchange units, · · emergency;generators and other such equipment. . · -·· By-law No. 7527/16 Page 4 '.·:' "·'·'.· ' . ':· . (c) ''Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a .. lot between the frorit lot line and the nearest wall of the · nearest main building Or structure on the lot; ' . . . :(d) "R~a:r Yard" shall mean ayard ~xtellding ·across the full width of cilot: between the rear Jot line of the lot, or where there is no rear lot line,. . .·.·. thejunctionpointbfth~side lot ljnes; and the nearest wall ofthe ·· .. neqres( main building b(structure on the lot; · · · ' -'' . (e) "R~arY8.rd Depth" shall mean the.shprt~st horizOntal dirnension ofa .. . .. . . · r~ar yard ofa'lbtbetvJeen th~ rear lot line of the lot, or where there is' . -··.··.· hO rear lot line; the j'unQtion poioLofthe sideJot linei, and the nearest waUofthe nearest main builqing or struCture on the lot; · · .· ..... _.·::. ·>,· . (f) . "Side Yard" shall 'me ali aya,rd of a lot e}_(tendirig Horn the, fro'nt Y9rd to . '. therea_ryard/andtrorn the side lot line to the nearest wailofthe. . .. . . .. ··nearest main builcling or structure on the lot; ·· · · . (g) ''Side Yard \f\{idth7! sh.all mean tile shOrtest ho{lzonta~· dimension of a side yard ofa lot betweencthe side:lot line and the nearest wall of the ··.· .. neCirest niain building or structure ·on the lot; . . . ·. . . . ·.(h) . "FiankageSideYard''shallmeana sid~yard imm~diately adjoinjnga . . · ' streetorabutti·rig Ofl' a reserve on the opposite side of which is a . streef ·· .. --'· ,(i) FlankageSid~ Yard Width'; shall mean the shortes.t horizontal ... ·.dimension, of a flankage side yard ofa lot between the lot lirie · ·adjoiriiiig a.streetorabutting on a· re~erv~ onJhe· opposit~ side of . Whichis astre~t, andJhenearest wall qft~enearestmain building or · ·· · · struCture ori the ldL · · ·. · -' < , . ·•·· · -·' ,•' 5~ · · Provi~ions ('.1MD~H14:' and ,;MD-H15'; Zones) ··· ..• (1} · U$es Permitted ("MD~H14;' and ''MD-H15',.Zones}_· > ·. . . · ... , :. ; ' .. ·.. -: . '·. -.. ··_·" _.•", "' . . . . . . . -' . No person s~au within the landszpned ''Mb-H14>Jand "MD-H15" on · ·scheduie.l attached hereto, use any lot or erect, alter, or use any building or struch;re for any purpose except the following: · · -~ . . . . . . . ' . . . . . .. . . . ' · .· ·.· •.... (a) multiple dwellir)g-horizontal.·· .. . . . ' (2) z6ne Requirem~nts ("IV1D-H14" .and."MD-H15" Zo~es) . ·. ·No· person shall within the lands zoned "MD-H14" and "MD-H 15" on Schedule I attached hereto, use any lot or erect, alter, or us~ any building .·or structure except in accordance with the provisions as set-out in the following provisions: · · 71 ··,··, .. ct I . i fJ c{; Pl ER1 G M mo To: Debbie Shields December 6, 2016 City Clerk From: Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design Subject: Amending By-law for Zoning By-law Amendment Application A 05/16 Madison Liverpool Limited Block Q, Plan M-15, Parts 1 to 5, Plan 40WR74 (747 Liverpool Road) Amending By-law 7528/16 Statutory Public Meeting Date June 20, 2016 Planning & Development Committee Date December 5, 2016 Purpose and Effect of By-law To permit the development of a common element condominium consisting of detached dwellings and townhouse units accessed from a private road. Amending By-law 7528/16 contains Bonus Zoning provisions including the amount of cash contribution to be provided by the applicant for the enhancement of the Frenchman's Bay Ratepayers Memorial Park, and the requirement for a Bonus Zoning Agreement and its registration on title of the subject lands. Council Meeting Date December 12,2016 ~~-+- DW:Id J:\Documents\Deve!opment\D-3400\2016\CP-2016-01, A 05-16\Zoning By-la'IJ\By-law Chart Memo to Clerks.docx Attachments By-law Text By-law Schedule pdf 77 78 The Corporation of the City of Pickering By-law No. 7528/16 Being a By-law to amend Restricted Area (Zoning) By-law 2520, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, Block Q, Plan M-15, Parts 1 to 5, Plan 40WR7 4 (A 05/16) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Block Q, Plan M-15, Parts 1 to 5, Plan 40WR74, in the City of Pickering to permit the development of a common element condominium consisting of detached dwellings and townhouse units accessed from a private road; Whereas the Official Plan for the City of Pickering contains provisions relating to the authorization of increases in density of development; Whereas pursuant to Section 37 of the Planning Act, a by-law under Section 34 of the Planning Act, may authorize increases in density (or height) of development beyond those otherwise permitted by the by-law in return for the provision of such facilities, services or matters as are set out in the by-law; Whereas Subsection 37(3) of the Planning Act provides that where an owner of land elects to provide facilities, services and matters in return for an increase in density (or height) of development, the municipality may require the owner to enter into one or more agreements with the municipality dealing with the facilities, services and matters; Whereas the owner of the subject lands has elected to provide the facilities, services and matters hereinafter set out; And whereas the increase in density beyond that otherwise permitted on the aforesaid lands by By-law 2520, as amended, is permitted in return for the provision of the facilities, services and matters set out in this By-law, and will be secured an agreement between the owner of the land and the City of Pickering; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. By-law No. 7528/16 Page 2 2. Area Restricted The provisions of this By-law shall apply to those lands in, Block Q, Plan M-15, Parts 1 to 5, Plan 40WR74 in the City of Pickering, designated "S2-17", "MD-H12" and "MD-H13" on Schedule I to this By-law. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. Definitions In this By-law, (1) "Air Conditioner" means any mechanical equipment which is required for residential domestic use and which must be installed outdoors including central air conditioning units, heat pumps, heat exchange units, emergency generators and other such equipments. (2) "Balcony" means an attached covered or uncovered platform projecting from the face of an exterior wall, including above a porch, which is only directly accessible from within a building, usually surrounded by a balustrade or railing, and does not have direct exterior access to grade. (3) "Bay, Bow, Box Window" means a window that protrudes from the main wall, usually bowed, canted, polygonal, segmental, semicircular or square sided with window on front face in plan; one or more storeys in height, which may or may not include a foundation; may or may not include a window seat; and may include a door. (4) "Condominium, Common Element" means spaces and features owned in common by all shareholders in a ~ondominium and may include private streets, walkways, and parking and amenity areas. (5) "Deck" means a raised platform attached to the exterior wall of a building and with direct access from within a building and from grade. (6) (a) "Dwelling" means a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling, Detached" means a single dwelling which is freestanding, separate and detached from other main buildings or structures; (c) "Dwelling, Multiple-Horizontal'.' means a building containing three or more dwelling units attached horizontally by an above-grade wall or walls; 79 80 By-law No. 7528/16 Page 3 (d) "Dwelling Unit" means one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary · facilities. (7) "Floor Area -Residential" means the area of the floor surface contained within the outside walls of a storey or part of a storey. (8) "Gross Floor Area -Residential" means the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar. (9) "Height, Dwelling" means the vertical distance between the established grade, at the front of the house, and in the case of a flat roof, the highest point of the roof surface or parapet wall, or in the case of a mansard roof the deck line, or in the case of a gabled, hip or gambrel roof, the mean height between eaves and ridge. (1 0) "Lands, Subject" means the lands subject of this by-law. (11) (a) "Lot" means an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Area" means the total horizontal area within the lot lines of a lot; (c) "Lot Frontage" means the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; (d) "Lot, Through" means a lot bounded on opposite sides by a street. (12) "Parapet Wall" means the portion of an exterior wall extending above the roof. (13) "Porch" means a roofed deck or portico structure attached to the exterior wall of a building. A basement may be located under the porch. (14) "Private garage" means an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise. (15) (a) "Street" means a right-of-way or roadway that is used by vehicles and includes a public highway and a private street within a condominium. By-law No. 7528/16 Page 4 (b) "Street, Private" means: (i) a right-of-way or roadway that is used by vehicles and is maintained by a condominium corporation; (ii) a private road condominium, which provides access to individual freehold lots; (iii) a private right-of-way over private property, that provides access to lots abutting the private street; but is not maintained by a public body and is not a lane. (16) "Wall, Front" means the wall of the dwelling closest to the front lot line. (17) "Water Meter Building" means a building or structure that contains devices supplied by the Region of Durham which measures the quality of water delivered to a property. (18) (a) "Yard" means an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b) "Front Yard" means a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" means the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" means a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" means the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" means a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; (g) "Side Yard Width" means the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; 81 82 By-law No. 7528/16 Page 5 (h) "Fiankage Side Yard" means a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Fiankage Side Yard Width" means the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot. 5. Provisions (1) Uses Permitted ("S2-17", "MD-H12" and "MD-H13" Zones) (a) No person shall within the lands zoned "S2-17" on Schedule I to this By-law, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Detached Dwelling (b) No person shall within the lands zoned "MD-H12" and "MD-H13" on Schedule I to this By-law, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) Multiple Dwelling -Horizontal (2) Zone Requirements ("S2-17", "MD-H12" and MD-H13" Zones) (a) (b) (c) (d) No person shall within the lands zoned "S2-17", "MD-H12" and MD-H13" on Schedule I to this By-law, use any lot or erect, alter, or use any building except in accordance with the following provisions: · "S2-17" Zone "MD-H12" "MD-H13" Zone Zone Number of Dwelling Units 57 dwelling units (maximum) Lot Frontage 13.2 metres 6.0 metres (minimum) Lot Area 350 square metres 150 square metres (minimum) Front Yard Depth 4.5 metres (minimum) By-law No. 7528/16 Page 6 "S2-17" Zone "MD-H12" "MD-H13" Zone Zone (e) Side Yard Depth 1.5 metres except where (minimum) dwellings on abutting lots share 1.2 metres a common wall, no interior side yard shall be required adjacent to that wall on either lot (f) Rear Yard Depth (minimum) 7.5 metres 7.5 metres 6.0 metres (g) Flankage Yard not applicable Depth (minimum) 2.7 metres (h) Building Height 9.0 metres · 12.0 metres (maximum) (i) Driveway Width 6.0 metres 3.7 metres (maximum) U) Parking 4.0 parking spaces 2.0 parking spaces per Requirements per dwelling unit dwelling unit (minimum) (k) Visitor Parking Requirements 0.25 of a parking space per dwelling unit (minimum) (I) Garage Minimum 1 private garage per lot attached to the Requirements main building, the vehicular entrance of which shall be located not less than 6.0 metres from the common element condominium street (m) Interior Garage A private garage A private garage shall have a Size (minimum) shall have a minimum width of 3.0 metres minimum width of and a minimum depth of 5.5 metres and a 6.0 metres provided, however, minimum depth of the width may include 1 interior 6.0 metres step and the depth may include provided, however, 2 interior steps the width may include 1 interior step and the depth may include 2 interior steps 83 84 By-law No. 7528/16 Page 7 (3) Special Provisions ("S2-17", "MD-H12" and "MD-H13" Zones) (a) Projections such as window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eave troughs and other similar architectural features may be permitted in any required yard, provided that no such feature projects into the required yard more than 0.6 metres or half the distance of the required yard, whichever is less; (b) A porch, uncovered deck or balcony may encroach into any required front yard to a maximum of 2.0 metres or half the distance of the required yard, whichever is less; (c) A porch, uncovered deck or balcony may encroach into any required flankage yard to a maximum of 2.0 metres; (d) A porch or uncovered deck may encroach into any required rear yard to a maximum of 2.0 metres; (e) Stairs to a porch or uncovered deck may encroach to within 0.3 metres of the front lot line or flankage lot line; to within 1.0 metres of a rear lot line; and to within 0.6 metres of a side lot line; (f) A bay, box or bow window, with or without foundation, having a maximum width of 4.0 metres may encroach into any required yard to a maximum of 0.6 metres or half the distance of the required yard, whichever is less; (g) Air conditioners are permitted on a lot provided they are located in the rear yard or side yard or on a balcony or roof. In addition, such units shall not be located any closer than 0.6 metres to a side lot line and shall not be located on any easement in favour of the City; (h) A balcony located above the first floor projecting or inset in the rear wall of a building on lands zoned "S2-17" on Schedule I to this By-law are prohibited; (i) Outdoor Private Amenity Area for lands zoned "MD-H13" on Schedule I to this By-law: (i) a minimum of 14 square metres of outdoor private amenity area shall be .provided on the balcony above the garage and located at the rear of the dwelling unit; (ii) accessory structures such as pergolas, sheds or other similar structures shall not be permitted on the balcony above the garage at the rear of the dwelling unit; By-law No. 7528/16 Page 8 (iii) the outdoor private amenity area located above the garage at the rear of the dwelling unit shall not be enclosed. (4) Special Regulations ("S2-17", "MD-H12" and "MD-H13" Zones) (a) Despite the provisions of Section 5.6 of By-law 2520, as amended, the requirement for the frontage on a public street shall be satisfied by establishing frontage on a common element condominium street for the lands on Schedule I to this By-law; (b) Despite Section 5.(4)(a) above, the lot line abutting Liverpool Road shall be deemed to be the Front Lot Line for the lands Zoned "MD-H13" on Schedule I to this By-law; (c) Despite provision 5.(1 )(b) and 5.(2) of this By~law, a water meter building required by the Region of Durham for the purpose of measuring the quantity of water delivered shall be exempt from "MD-H12" zone use provisions and zone requirements; (d) Section 6.3 of By-law 2520, as amended, shall not apply to the lands zoned "S2-17", "MD-H12" and "MD-H13" on Schedule I to this By-law; (e) Section 6.6a)(iv) of By-law 2520, as amended, shall not apply to the lands zoned "MD-H13" on Schedule I to this By-law; (f) Sections 5.20 and 6.5 of By-law 2520, as amended, shall not apply to the lands zoned "MD-H12" and "MD-H13" on Schedule I to this By-law. 6. Section 37 Provisions (a) An indexed cash contribution of $275,000.00 to be paid to the City prior to site plan approval, to be allocated towards capital improvements to the Frenchman's Bay Ratepayers Memorial Park; (b) The cash contribution identified in Section 6.(a) of this By-law shall be indexed in accordance with the most current Statistics Canada Non-Residential Construction Price Index reported quarterly by Statistics Canada, calculated from the date of passing of this by-law to the date of payment by the owner; (c) In the event the cash contribution referred to in Section 6.(af of this By-law has not been used for the intended purposes within 3 years of the By-law coming into force and effect, the cash contribution may be redirected for another purpose, at the discretion of the Director, City Development, in consultation with the Ward Councillor(s), provided that the purposes will benefit the community in the vicinity of the lands; 85 86 By-law No. 7528/16 Page 9 (d) Pursuant to Section 37 of the Planning Act, and subject-to compliance with this By-law, the increase in density of the development is permitted beyond that otherwise permitted on the subject lands shown on Schedule I to this By-law in return for the provision by the owner, at the owner's expense of the facilities, s~rvices and matters set out in Section 6.(a) of this By-law and which are secured by one or more agreements pursuant to Subsection 37(3) of the Planning Act that are in a form and registered on title to the lands, to the satisfaction of the City Solicitor; (e) The owner shall not use, or permit the use of, a building or structure erected with an increase in density pursuant to this By-law unless all provisions and obligations in this By-law are met; and (f) Despite Section 5.(2)(a) of this By-law, an additional 10 dwelling units are permitted upon execution and registration on title of a Section 37 agreement pursuant to Section 6.(d) of this By-law. 7. Model Homes (1) A maximum of 2 model homes, together with not fewer than 2 parking spaces per Model Home, may be constructed on the lands zoned "S2-17" as set out in Schedule I attached to this By-law prior to the division of those lands by lifting of part lot control; (2) A maximum of 1 block, together with not fewer than 2 parking spaces per Model Home, may be constructed on the lands zoned "MD-H12" as set out in Schedule I attached to this By-law prior to the division of those lands by lifting of part lot control; (3) A maximum of 1 block, together with not fewer than 2 parking spaces per Model Home, may be constructed on the lands zoned "MD-H13" as set out in Schedule I attached to this By:..law prior to the division of those lands by lifting of part lot control; (4) For the purpose of this By-law, "Model Home" shall mean a dwelling unit which is not used for residential purpose, but which is used exclusively for sales, display and marketing purposes pursuant to an agreement with the City of Pickering. 8. By-law 2520 By-law 2520, as amended, is hereby further amended only to the extent necessary to give effect to the pr-ovisions of this By-law as it applies to the area set out in Schedule I to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2520, as amended. By-law No. 7528/16 9. Effective Date · This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 1 ih day of December, 2016. David Ryan, Mayor Debbie Shields, City Clerk Page 10 87 ~Ctn;o/ . PlCKERlNG To: Debbie Shields City Clerk From: Paul Bigioni Director, Corporate Services & City Solicitor Copy: (Acting) Director, City Development Subject: Request for Part Lot Control By-law Owner: E. Raponi Memo November21, 2016 Part Lots 4 and 5, Plan 40M-1918, being Parts 4 and 5, Plan 40R-19416 File: PLC.40M-1918.6 · The subject lands have been developed in accordance with the appropriate Subdivision Agreement and ~oning By-law to allow for the construction of a single detached dwelling unit on each part. · As the construction of the dwelling units on each of Parts 4 and 5, Plan 40R-19416 is nearing completion, a Part Lot Control By-law is required to ensure the legal conveyance of the lands. Attached is. a location map and a draft by-law, enactment of which will exempt these lands from the part lot control provisions of the Planning Act, thus permitting transfers of those parts into separate ownership. This draft by-law is attached for the consideration of City Council at its meeting scheduled for December 12,2016. PB:bg. ·Attachments Location Map Draft By-law 89 92 ~~-Ct/J czf~~~ Pl To: KERlNG Debbie Shields City Clerk From: Catherine Rose Chief Planner Memo December 6, 2016 Copy: Manager, Development Review & Urban Design Subject: Amending By-law for Official Plan Amendment Application OPA 15-005/P Altona Land Development Corporation (Geranium Homes) Part of Lot 33, Range 3 BFC (1484 and 1498 Altona Road) Amending By-law 7532/16 Statutory Public Meeting Date Planning & Development Committee Date Purpose and Effect of By-law Council Meeting Date Note /~J .l . . f !.----( (tlf\li/1-J 1 L NS:Id April11, 2016 December 5, 2016 · To adopt Amendment 28 to the Pickering Official Plan to re-designate the lands located at the southwest corner of Altona Road and Twyn Rivers Drive from "Urban Residential Areas-Low Density Areas" to Urban Residential Areas-Medium Density Areas" to facilitate a residential common element condominium development and to add a new policy to the Rougemount Neighbourhood policies restricting the maximum number of residential units. December 12, 2016 Not applicable J:\Documents\Development\0~3100\2015\0PA 15~005P\Memos\By~law Chart Memo to Clerks (OPA By~law).docx Attachments By-law Text By-law Schedule pdf The Corporation of the City of Pickering By:law No. 7532116 . . . Being a By-law to adopt Amendment 28 to the ·._Official Plan for the CityQf Pickering(OPA 15--005/P) .... ·· Whereas pursuantto the Planning Act, R.S.O. 1990, c.p,~ 13, supsections 1Y(22)ar1d · · -21{ 1 ), the Council of The Corporation of the City of Pickering may, by by-law, adopt .. ·amendments to the Official PlaQ for the City of Pickering; . . . . . . .. . And whereas pursuant to Section 17(1 0) of the Pi~nningAct, the Minister of Municipal . . Affairs arid Housing has by order authodzed Regional Council to pass a by-'.lawto . . ·exempt proposed area municipal official plan .a!Tlendments from its approyal; · · ... And wheteas~on February 2~; 2000 Regional Council passed. By-law 1'1 /2000 which. allowsthe Regionto exempfpropo~ed area munidpai Official plan amendmentsfmm its .·· · ·· approval; · ·· ' · · · · · · · · . Andwhereas the Region has: advised thafArhendment28 tothe CityofPlckering: ·Official PlanisexemptfromRegional approvpl; .·· · · · · · · · · .•. NowthereforelheCouncil ofThe Corporation of the CityofPicker'ing.hereby enadsas. follows: ·· · · ·· · · · ·. · · ··1. ••· That A.mehdment28 to the Official Plan for the City of Pickering, attached hereto as · · Exhibit "A", Is herebyadopted; .· · · · · · 2. That the City Clerk-is bereby authorized and directed to forward. to tbe Regional . . .· . Municipality. of Durham the documentation requiredby Procedure: Area Municipal._ .... ·· · · .. · · · Official Plans and Amendments.·_ .· · · · · 3. This By-law shall come into force and take effect on the daiofthe final passing hereof. · · ·· · ·· · · · · · · ..... ·, -· . By-law passed this 12th day of December, 2016. .· ·David Ryan, Mayor_ . . . Debbie Shield,s, City Clerk· 93 Exhibit ~~A" to By-law 7532/16 . Recomtnended A~endment28 .. · to the City otPickering Official Plan 94 96 llliplementatiqn: Interpretation: OPA 15'-001;5/P A 18!15 '· .· sp~2o 1s-o8 · · CP~2015-03 . 2. Revising Section 11.7, Rougemount Neighbourhood policies, in Chapter Eleven, Urban Neighbourhoods, by moving the word "and;' at the end of subsection (d) to the end of . . subsection (e), and adding a new subsection (f) to read as · follows: · · · .. .. "(f).·· · despiteTable 6 ofChapter Three .,..Land Use,. · permit a max'imum of 22 residential. units on the lcju1d$ tocated at the southwest corner of . · Altona Road and Twyn .Rivers Drive thatare · d~signated "Urban Residentiai.Are(ls...,. Medium Density Areas." · · · · · · The provisions set forth inthe City of Pickering Official Plan, as • . amend~d, reg'arding the implementation of the Plan shallapply in .. regard to:this AlllendmentThe numbering ofthe policy sections in·. this amendment.is subjec::t t() change 'in_ accordancewiththe .. · ·. sequencing of approvals: . ·. · · · ' The provisions set forth in the City 9fPickering Official Plan, as. amended, regarding the interpretation of the Pl9n shall apply in · regardto this Amendment. · ·· · · · · ' Altona Land Development Corporation . · The Corporation 9f the City of Pick~ririg .· · By-law ·No. 7533/16 _ .. Being a By-law to amend Re~trictedArea (Zoning)By-law 3036, as . · qmended, to implement the Official Plan ofthe City ofPic;kedng, · Region of Durham, in Part of Blocks A. and B, Pian M-998, ·and Part of.· Lot 22,.Concession 1, Parts-1 to 5:,12, 18 to 23, 40R-8184 (A 15/16). .. -,· · Whereas the Council of The Corporation cifthe City of Pickerihg passed By-Iaw 7 492/16 ·. . amending By-Iaw 3036, as ame-nded by By-law 1612/83, By-law 3476/90, _By-Iaw . . . 5219/98 and By-law 5746100 to add a food store use to the list of permitted uses cin .. ·. Part ofBiocks A and B., Plan M-998, and Part of Lot 22, Concession 1, Parts 1 to 5, 12. 18 to 23, 40R-8184, in the City of Pickering; · · · · ···· .· · · · ·' · ...... ' · . And whereas By-iaw 7 492/16 includes an "(H)" Holding Symbol pn3_Cedlng th~ ."C9'' zone .. categoi)ion Part of BI_ocks A andB, Plan M-998; and Part.oJLot22, Concession 1, . · Parts 1-fo 5, -12·, t8to 23,40R-8184,· in the_ CitY ofPickering; which has the effect of •. prevehting the use ,of af6od. store on tt)e subject [arids until such time a Site Pian Agreement has. been entered into and registered to the 'satiSfaction of the City of Pickering .to. construct an acoustical barrier along the existing 16a.ding area; . . ... And whereas an c:~mendme~rto·ameridlng By-laV\' Y492tt6,:to remove the'''(H)" Holdi~g .· ·.· '· ·• Symbol.preceding t,he-"C9"·Zone on Part of Blocks A.and B,.Pian M-"998,-and ParfofLot 22,. Concession 1, Parts 1 to 5, 12, 18 to23, 40R-8184, is therefore deemed ·· appropriate; . · · · · .. · · · · · · · · · · · 1.'· .. Now therefore the CounCil of The ·corporation·of the, CitY of Pickering hereby enacts as.· follows:· · •· ·:· · . 1. · ·. Schedules t& II ·. ·· ·· · Sched~les I & lfJo By~Iaw7492/16are herepy amended byremoving:the > ·· .•. ·· · -"(Hf Holding Symbol preceding the "C9" Zone designation on Part of BlOcks A · · and B, Pipn M,.~98, and Part of Lot 22, ¢onces.sion t,parts 1 :to 5, 12, 18to ~3, · · · 40R-8184, as set outon Schedules I.& II attachedhereto. · . ·. . . ' . . -~ ' . . . . . . . . . '. . . . ~ · ··· · 2. · ·Text Amendment · ; . 100 -~ \ ·. . ... -.- Section 6.{1) & 6.(2) ofBy-Iaw 7492/16 ?re hereby repealed.:· 3. · , .Area Restrjcted ·._· .· .: . . . :. ), . . . .• . . .·· ·. .· .. :· · By-.Iaw 3036, as amended by By""Iaw 1612/83,By..;law3476/9.0,By-Iaw 5219/98, By-Iaw 57 46/00; and By-Iaw 7 492/16 is-hereby .further amended only to the · extent necessary to give .effect to the provisions of this By-Iaw as set out in Sections 1. and 2. above, and as set out in Schedules I &JI attached hereto . . .. D.efinitionsandsubject.matter not specifically deait with in this by-layv shaH be governed byt~erelevantprovisions of By-Iaw 3036, as amended. · . . . . . ~ . ·> .·. ·:_'.: . ' :,; . ' ....