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January 8, 2018
Planning & Development Committee Agenda Monday, January 8, 2018 Council Chambers 7:00 pm Chair: Councillor Ashe 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. -Cdt;~f Pl(KERJNG 40R-29659 (Finch Avenue); (Property #6-Part of PIN 26369-0001) Planning & Development Committee Agenda Monday, January 8, 2018 Council Chambers -7:00 pm Chair: Councillor Ashe (b) that part of the road allowance between Lots 34 and 35 Concession 1 , being Part 5, 40R-28938 (Finch Avenue); (Remainder of Property #9-Part of PIN 26369-0652) (c) that part of the road allowance between Lots 34 and 35, Concession 2, being Part 8, Plan 40R-29181 (Finch Avenue); (Part of Property #1 0 -Part of PIN 26370-0131 ) (d) those parts of Lot 35, Concession 2, being Part 2 (Finch Avenue), Part 9 (Scarborough-Pickering Townline Road) and Part 10 (Finch Avenue), Plan 40R-29181; (Property #12-Part of PIN 26370-0013) (e) those parts of Block 40, Plan 40M-2343, being Parts 4 and 6, Plan 40R-29181 (Finch Avenue); (Property #13 -Part of PIN 26370-0344) (f) those parts of Lot 35, Concession 1, being Parts 2 and 4, Plan 40R-28938 (Finch Avenue); (Property #14 -Part of PIN 26369-0432) (g) that part of Lot 35, Concession 1, being Part 2, Plan 40R-28875 (Twyn Rivers Drive); and (Property #15-Part of PIN 26369-0561) (h) that part of West Point Crescent (known as Woodgrange Avenue), Plan 283, being Part 1, Plan 40R-29359 (West Point Crescent known as Woodgrange Avenue). (Property 17-Part of PIN 26300-0177). 5. That Council authorize the Mayor, City Clerk and Director, Corporate Services & City Solicitor to execute all documentation necessary to effect the above. 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. -2 Information Report No. 01-18 Page 2 3. What is being proposed? Information and Communications Technology (ICT) is the infrastructure and components that enable modern computing, including the establishment of a broadband network and high speed internet service. To strengthen and support the development of an ICT network, and the implementation of the "Dig Once" Standard, an official plan amendment application has been initiated by the City Development Department. The proposed amendment will introduce new policies to Chapter 7-Community Services of the official plan that will provide clear direction for implementation of an ICT network, through future infrastructure projects and development applications. More specifically, the key changes proposed to the Official Plan text will: • Outline matters to be considered during the implementation of ICT network, including: network prioritization, measures to minimize impact, and network adaptability and resiliency. • Require the inclusion of conduit for fiber optic cable, in all public rights-of-way, through new development, redevelopment, road construction and reconstruction. • Ensure that all new development or redevelopment is designed to provide the infrastructure for the delivery of, current or future, leading edge information and communication technologies, to and throughout the buildings. • Require proponents of development applications to submit an ICT implementation plan that will demonstrate how telecommunication technology will be designed and implemented, and which will demonstrate that the conduit and wiring meets or exceeds the minimum industry standards. The proposed amendment, including the text of the proposed new and revised policies, and the corresponding informational text for the policy titles, is contained in Attachment #1. Attachment #1 also includes the purpose and basis for the amendment. The proposed amendment applies City wide. 4. Who has been notified of this Public Meeting to consider the proposed amendment? The proposed amendment was prepared in consultation with various departments within the City. The proposed amendment has been circulated to the Region of Durham and other prescribed agencies for their comment. In addition, the notice was posted on the City's website, and an advertisement appeared in the local newspaper for two consecutive weeks on December 13 and December 20, 2017. 5. Procedurallnformation 5.1 General • written comments regarding this proposal should be directed to the City Development Department · • . oral comments may be made at the Public Information Meeting 4 Attachment ~#~L-~to . Proposed Amendment 31 to the Pickering Official Plan #.~~S!.l--LfL_~7~Page 1 Purpose: Location: Basis: The purpose of this Amendment is to add new policies and revise existing policies in the Pickering Official Plan with regard to the City's Information and Communication Technology Network and Dig Once Standard. The Amendment applies City wide. Information and Communication Technology (ICT) is the infrastructure and components that enable modern computing. ICT includes the establishment of a broadband network and high speed internet service to facilitate modern computing. This amendment strengthens and supports the development of an ICT network, and the implementation of the "Dig Once" Standard. Amendment: The Pickering Official Plan is hereby amended by: 1) Adding new Sections 7.11 and 7.12 in Chapter 7-Community Services, to read as follows: City Policy ICT Network 7.11 City Council shall provide dear direction for collaboration, facilitation, investment, infrastructure advancement, skills development, and other initiatives necessary to implement an Information and Communication Technology (ICT) network throughout the City, by: (a) identifying locations, In addition to the City Centre and Pickering Innovation Corridor, where a more robust ICT infrastructure will be offered; (b) prioritizing the implementation of ICT infrastructure to public facilities and spaces; {c) identifying measures that will be necessary to implement the City's ICT network within, and outside, the existing built-up urban area; (d) identifytng measures which will minimize the impact of ICT infrastructure on the community and natural environment; and · (e) identifying measures which will ensure that the City's ICT infrastructure is resilient and adaptable to change and next-generation technologies. City Policy Dig Once Standard 7.12 City Council shall require the inclusion of conduit for fiber optic cable in all public rights-of-way, through new development, redevelopment, road construction and reconstruction, in accordance with the City's "Dig Once" standard, and shall: (a) ensure that all new development or redevelopment is designed to provide the infrastructure for the delivery of, current or future, leading edge information and communication technologies, to and throughout the buildings; and 6 -~Ctf:lof~ PJCKERlNG Information Report to Planning & Development Committee From: Catherine Rose, MCIP, RPP Chief Planner ReporfNumber: 02-18 Date: January 8, 2018 Subject: Draft Plan of Subdivision Application SP-2017-05 Zoning By-law Amendment Application A 1 0/17 CPC II Management Inc. Block 54, Plan 40M-1498 (1520 Notion Road) 1. Purpose of this Report The purpose of this report is to provide preliminary information regarding applications for Zoning By-law Amendment and Draft Plan of Subdivision, submitted by CPC II Management Inc., to permit a residential development. This report contains general information on the applicable Official Plan and other related policies, and identifies matters raised to date. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. The Planning & Development Committee will hear public delegations on the applications, ask questions of clarification, and identify any planning issues. This report is for information and no decision is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. Property Location and Description The area subject to these applications is the westerly portion of the property municipally known as 1520 Notion Road, located at the northeast corner of Marshcourt Drive and Pickering Parkway within the Village East Neighbourhood (see Location Map, Attachment #1 ). The subject lands to be developed have an area of approximately 0.3 of a hectare and are presently vacant. The existing trees within the development limits are proposed to be removed to accommodate the proposal. The surrounding land uses include (see Aerial Photo, Attachment #2): North and West: Low density residential development consisting of two-storey detached dwellings fronting Marshcourt Drive and Ashford Drive. East: South: Vacant lands, including the easterly portion of the subject property, fronting Notion Road designated as "Employment Areas -Mixed Employment". Further east, across Notion Road in the Town of Ajax are heavy industrial uses and a cemetery. Across Pickering Parkway are vacant lands designated as "Mixed Uses Areas-Specialty Retailing Node", and further south and west of the vacant lands is an existing commercial development. Information Report No. 02-18 Page 2 3. Applicant's Proposal The applicant has submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment to facilitate a residential development consisting of nine lots for detached dwellings fronting onto Marshcourt Drive (see submitted Draft Plan of Subdivision, Attachment #3). The proposed lot frontages will range between approximately 9.1 metres and 11.9 metres and lot areas will range between 306 square metres and 443 square metres. The applicant is proposing the same residential zoning standards as the residential properties to the west and north along Marshcourt Drive. The applicant has indicated that the remaining easterly portion of the subject property will be developed for future commercial/employment uses and will be subject to Site Plan Approval. 4. Policy Framework 4.1 Pickering Official Plan The area subject to these applications is within the Village East Neighbourhood and is designated "Urban Residential Areas-Low Density Areas" within the Pickering Official Plan. This designation provides for housing and related uses, and permits a density of up to and including 30 units per net hectare. The proposal has a density of approximately 30 units per net hectare. The remaining portion of the property, not subject to these applications, is designated as "Employment Areas-Mixed Employment", which provides for a range of industrial uses, community/recreational uses, and limited retailing of goods and services serving the area. The Official Plan states that in establishing performance standards, regard shall be had to protecting and enhancing the character of established neighbourhoods by considering matters such as building height, yard setbacks, lot coverage, access to sunlight, parking provisions and traffic implications. The Official Plan also states that where new development is proposed within an existing neighbourhood or established area, City Council shall encourage building design that reinforces and complements existing built patterns such as form, massing, height proportion, position relative to the street, and building area to site ratio. The entirety of 1520 Notion Road is also designated Flood Plain Special Policy Area in the Official Plan. Limited development including extensions to and rehabilitation of buildings and structures is permitted on condition that the proposed development is flood protected to the level of the Regulatory Flood, as defined by regulations made under the Conservation Authorities Act, and to the satisfaction of the Toronto and Region Conservation Authority (TRCA) and the City. For development proposed on lands designated Flood Plain Special Policy Area, the submission of engineering studies detailing flood frequency, velocity and depth, damages, reduction and protection measures, and details on soil conditions are required for review by the City and the TRCA. Floodproofing and the highest level of protection determined to be technically feasible or practical will be required. Furthermore, any zoning by-law covering any parcel of land wholly or partly designated Flood Plain Special Policy Area must include provisions, where appropriate, relating to minimum building or structure setbacks, maximum lot coverage, minimum height of any building or structure opening, and other such matters as may be determined to be necessary by the TRCA and the City. 7 8 Information Report No. 02-18 Page 3 Details of the applications will be assessed against the policies and provisions of the Official Plan during the further processing of the applications. 4.2 Zoning By-law 3036 The area subject to these applications is currently zoned "M1-4" within Zoning By-law 3036, as amended by By-law 2118/85, which permits a dry cleaning establishment; food preparation plant; light manufacturing plant; scientific, research or medical laboratory; and a warehouse. The applicant is requesting to rezone the area subject to these applications to "S4", the same residential zone category as the abutting properties to the north and west. Attachment #4 to this report outlines the existing "S4" Zoning provisions. The remaining portion of the property, not subject to these applications, is currently zoned _ "MC-15" within Zoning By-law 3036, as amended by By-law 5940/02, which permits a range of industrial, commercial and community uses. The applicant is not proposing to change the zoning of the east portion of the property. 5. Comments Received The applications were deemed complete on October 5, 2017, and were circulated for comments on October 17, 2017. 5.1 Residents Comments As of the writing of this report, no comments or concerns have been received from the public. 5.2 Agency Comments ·s.2.1 Region of Durham -Planning Department • the Region of Durham Official Plan (ROP) designates the lands subject to the proposed Zoning By-law Amendment and Draft Plan of Subdivision as "Living Areas" in the Urban System, which are intended to accommodate a full range of housing options and a mix of certain office and commercial uses • the proposed development is within close proximity to Highway 401, and several heavy . industrial uses that are potential noise sources • the ROP identifies that there are key hydrologic features in relation to the Duffins Creek Watershed in the vicinity of the subject lands • the subject lands are within a Flood Plain Special Policy Area • the Provincial Policy Statement (PPS) states that a Special Policy Area is not intended to allow for new or intensified development and site alteration; however, the applicant has received confirmation from the Ministry of Municipal Affairs and Housing that Ministerial approval for the proposed Zoning Amendment is not required, and flood mitigation measures are proposed • the subject site is situated approximately 70.0 metres west of existing heavy industrial uses classified as Class Ill Industrial Facilities • the submitted Air Quality Compatibility Study did not review noise, vibration, dust or odour emissions Information Report No. 02-18 Page 4 ~~t the submitted Noise Assessment did not include land use compatibility criteria in accordance with the D-Series Guidelines • the applicant will be required to submit a Land Use Compatibility Study in compliance with the MOECC D-Series Guidelines for review prior to Draft Plan of Subdivision approval • the Land Use Compatibility Study will need to address matters such as, but not limited to, industrial odour, noise, dust and vibration, and is required to ensure that no future conflicts arise between existing uses and the proposed residential uses • the Region will require a peer review of the Land Use Compatibility Study at the expense of the applicant • the applicant will be required to implement any recommended mitigation measures/warning clauses of the Land Use Compatibility Report in any future subdivision agreement with the City of Pickering, to the satisfaction of the Region of Durham • the applicant shall demonstrate that the intent of the Regional Official Plan (ROP) has been met by providing the Region with confirmation that land use compatibility and flood mitigation measures for the key hydrologic features are appropriate ct the submitted Environmental Impact Study recommends mitigation, restoration and management measures which the applicant will be required to implement through a development agreement with the City of Pickering and to the satisfaction of the TRCA • the Phase One Environmental Site Assessment (ESA) identified some potential issues of environmental concern; the applicant will be required to submit a Phase Two ESA, Regional Reliance Letter and Certificate of Insurance to the Region • the submitted Stage 1 and 2 Archaeological Assessment did not identify any materials of cultural significance and no further archaeological work is required • a copy of the Archaeological Report is to be submitted to the Ministry of Tourism, Culture and Sport for their review and approval, and the clearance letter submitted to the Region • municipal water supply and sanitary sewerage is available on Marshcourt Drive 5.2.2 Toronto and Region Conservation Authority (TRCA) • no comments received at the time of writing this report 5.2.3 Durham Catholic District School Board • no objections to this proposal • students will attend St. Wilfrid Catholic Elementary School located at 2306 Southcott Road and St. Mary Catholic Secondary School located at 1918 Whites Road in the City of Pickering 5.2.4 Durham District School Board • no objections to this proposal • approximately five elementary school pupils could be generated from this proposal • pupils generated by this proposal are intended to attend existing school facilities 9 1 0 Information Report No. 02-18 5.2.5 Mextrolinx • the subject site is located within 300 metres of GO Transit's Lakeshore East rail corridor Page 5 • the proponent shall engage a qualified consultant to prepare a Noise and Vibration Study, to be submitted for review and satisfaction of Metrolinx • as a condition of approval, a warning clause regarding the potential expansion of · GO rail facilities and potential impact on residents shall be inserted in all development agreements, offers to purchase and agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of the railway right-of-way • as a condition of approval, the Owner shall grant Metrolinx an environmental easement for operational emissions, registered on title against the subject residential dwellings in favour of Metrolinx 5.2.6 CN Railway • the owner shall engage a consultant to undertake an analysis of noise and, at a minimum, install noise attenuation barriers and an acoustic fence • subject to the review of the Noise Report, the Railway may consider other measures recommended by an approved Noise Consultant • as a condition of approval, CN Rail will require a warning clause regarding the potential expansion of railway facilities to be inserted in all development agreements, offers to purchase, and agreements of Purchase and Sale of each dwelling within 300 metres of the railway right-of-way • as a condition of approval, the owner shall be required to grant CN an environmental easement for operational noise and vibration emissions, registered against the subject property in favour of CN 5.3 City Departments Comments 5.3.1 Engineering Services • no comments received ~t the time of writing this report 6. Planning & Design Section Comments The following is a summary of key concerns/issues or matters of importance raised to date. These matters, and other identified through the circulation and detailed review of the proposal, are required to be addressed by the applicant prior to a final recommendation report to Planning & Development Committee: • assess the compatibility of the proposed residential use with the heavy industrial uses on the east side of Notion Road • review the proposal against the Flood Plain Special Policy Area policies in the City's Official plan, and ensure that appropriate flood protection measures are incorporated into the design of the dwelling units to the satisfaction of the TRCA and the City • assess whether any revisions to the "S4" zone standards are required to ensure that the design, massing and building heights of the proposed dwellings are compatible with respect to the existing building heights within the immediately surrounding area fnformation Report No. 02-18 Page 6 @ review the results of a Land Use Compatibility Analysis/Report to be prepared in compliance with the Ministry of Environment and Climate Change D-Series Guidelines, to the satisfaction of the Region of Durham e assess whether any mitigation measures/warning clauses from the approved Land Use Compatibility Report are required in any future subdivision agreement with the City of Pickering, to the satisfaction of the Region CD assess whether any noise attenuation measures/warning clauses are required due to proximity to the heavy industrial uses on the east along Notion Road, and the Metrolinx and CN Rail corridors to the south across Highway 401 • ensure a tree compensation plan and/or financial contribution is provided to address the loss of existing trees and other significant vegetation • further issues may be identified following receipt and review of comments from the circulated departments, agencies and public The City Development Department will conclude its position on the applications after it has received and assessed comments from the circulated departments, agencies and public. 7. Information Received Full scale copies of the plans and studies listed below are available for online viewing at pickering.ca/devapp or in person at the office of the City of Pickering, City Development Department: • Application form for Approval of Draft Plan of Subdivision, completed by the applicant, dated September 8, 2017 • Application form to Amend Zoning By-law, completed by the applicant, dated September 8, 2017 ~~~ Draft Plan of Subdivision, prepared by KLM Planning Partners Inc. and signed by Ophir N. Dzaldov, Ontario Land Surveyor, dated August 10, 2017 ~~~ Planning Justification Report, prepared by KLM Planning Parterns Inc., dated August 2017 • Preliminary Environmental Noise Report, prepared by Jade Acoustics Inc., dated August 18, 2017 • Air Quality Compatibility Study, prepared by Novus Environmental Inc., dated August 18, 2017 • Stage 1 & 2 Archaeological Assessment, prepared by ASI, dated September 23, 2016 • Environmental Impact Study, prepared by Dillon Consulting, dated August 2017 • Phase One Environmental Site Assessment, prepared by Sirati & Partners Consultants Limited, dated August 17, 2017 ~~~ Preliminary Geotechnical lnvestigatio"n, prepared by Sirati & Partners Consultants Limited, dated August 15, 2017 • Functional Servicing and Stormwater Management Report, prepared by TMIG Ltd., dated August 2017 • Grading Plan, prepared by TMIG Ltd., dated February 2017 • Servicing Plan, prepared by TMIG Ltd., dated February 2017 • Hydrogeological Assessment and Water Balance, prepared by R.J. Burnside & Associates Ltd., dated August 2017 11 .. ATT.«if"i-11\AI=NTH I Tn RFffiRTlL ff-(.D/--1( -i If DETAIL INSET 1 SCALE NTS ~7. f./ \ Foster Court ~ j Part1 40R-27560 Part2 ~~ Houston Court 40R-27560 Ill\~ r----.. I I I Ql C3 ,_ (;) l <:: .. ?: I 0 u }'( \ I \ I \. I I SE~SERT1 I I. I I Subject .I Lands l .....,. """"' Gillmoss Road (40M~2469) Gillmoss Road· ~ \ \ \[\ c: Ql t.l Legend "' ~ (.) r:: 0 Subject Lands r:: :;, 0 Location Map -Dip of-File: Subdivision Completion & Assumption "PlCKERJNG Applicant: Pickering Shores Development Inc. City Deveiopment Property Description: Lots 1 to 34, Block 39, 40M-2469, Parts 1 and 2 Department f40R-27560 !Date: Nov. 03, 2017 ~~1~10~==~;~r:;~~~::~~~~6:r!z~~~=!::;:~;'=~';,.IDI;'r::=:.;'~_.-~r<~=. J SCALE: 1:2.T5QQ I le111M! E.ntmm-:s. Wl::.andtm.~pphers•'&~htstl!SB!Yel!.:e>thsnkipal l"nn!>e!rtvAaesslmantCtlrporab:on•rdb~tsll8 nphts~rw:d:.~ 'TH!S!S NOT A PLAN OF SURVEY 20 26 LEG 03-18 Subject: Rouge National Urban Park January 8, 2018 Page 2 (v) that part of the road allowance between Township of Scarborough and Township of Pickering, Concession 1, east of centre line, being Part 1, Plan 40R-29853; (Property #6a-Part of PIN 26369-0001 -CN) (vi) that part of the road allowance between Township of Scarborough and Township of Pickering, Concession 1, east of centre line, being Part 1, Plan 40R-29780; (Property #6b-Part of PIN 26369-0001 -Hydro One) (vii) that part of the road allowance between Lots 34 and 35, Concession 1, being Part 6, Plan 40R-28938; (Part of Property #9-Part of PIN 26369-0652-Parks Canada) (viii) that part of the road allowance between Lots 34 and 35, Concession 2, being Part 7, Plan 40R-29181; (Property #1 0-Part of PIN 26370-0131 -Parks Canada) (ix) that part of the road allowance between Lots 34 and 35, Concession 2, being Part 5, 40R-20479; (Property #1 Oa-Part of PIN 26370-0131 -York Region) (x) road allowance between Township of Scarborough and Pickering, Range 3, BFC, between Twyn Rivers Drive and Rouge River, east of the centre line; and (Property #11 -All of PIN 26301-0308-Parks Canada) (xi) that part of the road allowance between Township of Scarborough and Township of Pickering, Concession 1, east of centre line, being Part 3, Plan 40R-29779. (Property #16-Part of PIN 26369-0001 -Parks Canada) The conveyance of the closed road allowances will be subject to all required easements for utilities and otherwise. 2. That Council pass a Resolution to declare the following lands (not established as public highway) surplus to the needs of Pickering for the purpose of sale, for nominal consideration, to Parks Canada for inclusion in the Rouge Park: (a) that part of Block 115, Plan 40M-1735, being Part 1, Plan 40R-29163; and (Property #7-Part of PIN 26369-0226) (b) Block 84, Plan 40M-1778, being Parts 1 and 2, Plan 40R-28864. (Property #8-All of PIN 26369-0318) The conveyance of the lands will be subject to all required easements for utilities and otherwise. CORP0227 -07/01 revised LEG 03-18 Subject: Rouge National Urban Park January 8, 2018 Page 3 3. That Council pass a Resolution authorizing the acquisition, by Pickering of the following lands from Toronto and Region Conservation Authority ("TRCA"), for nominal consideration for road purposes: (a) those parts of Lot 35, Concession 2, being Parts 2, 9 and 10, Plan 40R-29181; (Property #12-Part of PIN 26370-0013) (b) those parts of Block 40, Plan 40M-2343, being Parts 4 and 6, Plan 40R-29181; (Property #13-Part of PIN 26370-0344) (c) those parts of Lot 35, Concession 1, being Parts 2 and 4, Plan 40R-28938; (Property #14-Part of PIN 26369-0432) (d) that part of Lot 35, Concession 1, being Part 2, Plan 40R-28875; and (Property #15-Part of PIN 26369-0561) (e) that part of West Point Crescent (known as Woodgrange Avenue), Plan 283, being Part 1, Plan 40R-29359. (Property 17-Part of PIN 26300-0177) 4. That Council enact a by-law establishing the following lands as public highways: (a) those parts of the road allowance between Township of Scarborough and Township of Pickering, Concession 1, east of centre line, being Parts 1 and 2, Plan 40R-29779 (Twyn Rivers Drive) and Parts 1 and 2, Plan 40R-29659 (Finch Avenue); (Property #6-Part of PIN 26369-0001) (b) that part of the road allowance between Lots 34 and 35 Concession 1, being Part 5, 40R-28938 (Finch Avenue); (Remainder of Property #9-Part of PIN 26369-0652) (c) that part of the road allowance between Lots 34 and 35, Concession 2, being Part 8, Plan 40R-29181 (Finch Avenue); (Part of Property #1 0-Part of PIN 26370-0131) (d) those.parts of Lot 35, Concession 2, being Part 2 (Finch Avenue), Part 9 (Scarborough-Pickering Townline Road) and Part 10 (Finch Avenue), Plan 40R-29181; (Property #12-Part of PIN 26370-0013) (e) those parts of Block 40, Plan 40M-2343, being Parts 4 and 6, Plan 40R-29181 (Finch Avenue); (Property #13-Part of PIN 26370-0344) (f) those parts of Lot 35, Concession 1, being Parts 2 and 4, Plan 40R-28938 (Finch Avenue); (Property #14-Part of PIN 26369-0432) CORP0227-07/01 revised 27 28 LEG 03-18 Subject: Rouge National Urban Park January 8, 2018 Page 4 (g) that part of Lot 35, Concession 1, being Part 2, Plan 40R-28875 (Twyn Rivers Drive); and (Property #15-Part of PIN 26369-0561) (h) that part of West Point Crescent (known as Woodgrange Avenue), Plan 283, being Part 1, Plan 40R-29359 (West Point Crescent known as Woodgrange Avenue). (Property 17-Part of PIN 26300-0177). 5. That Council authorize the Mayor, City Clerk and Director, Corporate Services & City . Solicitor to execute all documentation necessary to effect the above. 6. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Executive Summary: In 2011, the Federal Government began the process of establishing a national urban park in the Rouge Valley. As set out in Report PLN 03-14 (Attachment 1), Pickering City Council approved Pickering's collaboration with Parks Canada in the assembly of the lands necessary to create the Rouge National Urban Park. By resolution 169/14, Council authorized the City to enter into a Memorandum of Agreement respecting the assembly of the Rouge National Urban Park lands. The Memorandum of Agreement contemplates the transfer of various parcels of surplus land from the City to Parks Canada for nominal consideration. In the course of preparing the necessary Transfers and conducting all relevant inve~tigations of title, City staff determined that certain of the parcels of land originally intended for conveyance to Parks Canada should instead be conveyed to CN, Hydro One and York Region to facilitate existing infrastructure that those authorities will continue to maintain within the Rouge National Urban Park. City staff also determined that certain parcels of land originally intended for conveyance to Parks Canada by the Toronto and Region Conservation Authority should instead be conveyed to Pickering for the purpose of future city road widenings. Staff collaborated with their counterparts at Parks Canada and TRCA in order to obtain those transfers to the City. Staff are pleased to recommend that Council approve the various transfers of land described in this Report, for the purpose of bringing the Rouge National Urban Park into existence. Financial Implications: 1. All lands are being conveyed for nominal consideration to Parks Canada, Pickering, York Region, Hydro One and CN in accordance with City Resolution #169/14. 2. The cost to prepare and register all of the required reference plans depicting the 17 parcels of land referred to in this report have been paid for by Parks Canada. 3. Legal fees for the preparation and registration of the Transfer/Deeds from Pickering to Parks Canada will be paid for by Parks Canada. CORP0227-07/01 revised LEG 03-18 Subject: Rouge National Urban Park January 8, 2018 Page 5 4. Legal fees for the preparation and registration of the Transfer/Deeds from TRCA to Pickering for road purposes will be absorbed by Pickering (approximately $3,000.00), save and except for the preparation and registration of the Transfer/Deed from TRCA to Pickering relating to Woodgrange Avenue which fees will be paid by Parks Canada. 5. Legal fees for the preparation and registration of the Transfer/Deeds from Pickering to York Region, Hydro One and CN will be absorbed by York Region, Hydro One and CN. Discussion: In 2011, the Federal Government began the process of establishing a national urban park in the Rouge Valley. In April 2012, Pickering Council endorsed a Statement of Intent confirming Pickering's interest in working collaboratively with Parks Canada, TRCA, York Region, City of Toronto ("Toronto"), City of Markham ("Markham") and the Region of Durham ("Durham") towards the establishment of the Rouge Park. On January 27, 2014, Council passed Resolution #169/14 authorizing, among other things, that staff, (a) enter into a Memorandum of Agreement, substantially in the form that was attached as Attachment #1 to Report PLN 03-14, respecting the assembly of lands for the proposed Rouge Park; (b) initiate the process of declaring the properties (in whole, or in part) listed on the Property Information Chart attached as Attachment #2 to Report PLN 03-14, surplus to the needs of Pickering for conveyance to Parks Canada; and (c) bring forward the required by-law to formally stop-up and close tho~e or parts of the properties slated for conveyance to Parks Canada that are presently designated as public highway. The Memorandum of Agreement was subsequently finalized and entered into by all parties identifying the parcels of lands owned by TRCA, Toronto, Pickering and Markham that Parks Canada required for inclusion into the Rouge Park. Ten (1 0) Pickering properties were identified as surplus to Pickering's requirements and recommended for transfer to Parks Canada. During the process of reviewing the reference plans and title searches prepared for each of the 1 0 properties slated for conveyance by Pickering to Parks Canada, the following issues were identified: (a) Properties #2 & #3 The properties being: (a) Morgan Avenue, Plan 189, between Kinston Road and Hwy. 401; and (b) Riverside Lane, Plan 189 and lanes on Plan 189, north of Hwy. Plan 45 CORP0227-07/01 revised 29 30 LEG03-18 Subject Rouge National Urban Park January 8, 2018 Page 6 were identified as 2 of the 1 0 properties to be conveyed, by Pickering, to Parks Canada for inclusion in the Rouge Park notwithstanding that Properties #2 and #3 actually formed part of the Highway 401 corridor and should have been in the ownership of the Ministry of Transportation ("MTO"). As a housekeeping measure, staff worked with MTO to have the Land Registry Office records amended to reflect MTO as the correct owner of these properties. Accordingly Properties #2 and #3 have been removed from the inventory of lands being conveyed to Parks Canada from Pickering. (b) Property #6 There are portions of Property #6 that lie within the CN right-of-way and the Hydro corridor that should be in their respective ownerships. In order to correct the records at the Land Registry Office, the portions of Property #6, being: (a) Part 1, Plan 40R-29853 (now Property #6a) should be conveyed to CN; and (b) Part 1, Plan 40R-29780 (now Property #6b) should be conveyed to Hydro One, with the remaining portions of the road allowance being either retained by Pickering or conveyed to Parks Canada for inclusion in the Rouge Park. (c) Property #10 There is a portion of Property #1 0 that lies within the sanitary collector system that should be in the ownership of York Region. In order to correct the records of the Land Registry Office, the portion of Property #1 0 designated as Part 5, Plan 40R-20479 (now Property #10a) should be conveyed to York Region as part of the sanitary collector line, with the remainder of road allowance being conveyed to Parks Canada for inclusion in the Rouge Park. (The Region of Durham has been contacted and has confirmed that Part 5, Plan 40R-20479 should solely be owned by York Region). (d) Property #11 (New) Property #11 is required by Parks Canada for inclusion in the Rouge Park. Property #11 was initially thought to be owned by Toronto and therefore not identified in Planning Report PLN 03-14 as a property to be declared surplus by Pickering and conveyed to Parks Canada. As this road allowance lies within the boundaries of the Rouge Park and, as Pickering does not require it for municipal purposes (confirmed by Engineering Services), it should be CORP0227-07/01 revised LEG 03-18 Subject: Rouge National Urban Park January 8, 2018 Page 7 declared surplus by Pickering, stopped-up, closed and conveyed to Parks Canada for inclusion in the Rouge Park. (e) Properties #12 (New), #13 (New), #14 (New) and #15 (New) The above-noted properties are currently in TRCA's ownership and are being conveyed to Parks Canada for inclusion in the Rouge Park. During the review process, it was determined by Engineering Services that there are portions of land within each of these properties ("future road widenings") that, at some point, will be required by Pickering for road widening purposes. Notwithstanding that these future road widenings may not be required by Pickering for some time, it is more cost-effective to have them conveyed to Pickering at this time and held in Pickering's ownership until they are required. Both Parks Canada and TRCA support their conveyance to Pickering at this time. Because the conveyance of the future road widenings benefit Pickering, the registration costs will be absorbed by Pickering. Note: The attached by-law, as it relates to establishing the future road widenings as public highways, will be registered only after each of the future road widenings have been constructed, satisfactory to the City's Director, Engineering Services. (f) Property #16 (New) Property #16 is required by Parks Canada for inclusion in the Rouge Park. Property #16 was initially thought to be _owned by Toronto and therefore not identified in Planning Report PLN 03-14 as a property to be declared surplus by Pickering and conveyed to Parks Canada. As this road allowance lies within the boundaries of the Rouge Park, and as Pickering does not require it for municipal purposes( confirmed by Engineering Services), it should be declared surplus by Pickering, stopped-up, closed and conveyed to Parks Canada for inclusion in the Rouge Park. (g) Property #17 (New) West Point Crescent (Woodgrange Avenue), Plan 283 is in the ownership of TRCA, notwithstanding that a portion of it is being used by Pickering as an opened and maintained road. In order to correct the records of the Land Registry Office, the portion of the property that is opened and being maintained by Pickering (Part 1, Plan 40R-29359) should be conveyed from TRCA to Pickering and established as public highway. Attachments: 1 . Report PLN 03-14 2. Location Map -Road Allowances to be Stopped-up and Closed CORP0227-07/01 revised 31 34 Report PLN 03-14 January 20, 2014 Subject: Rouge National Urban Park Page 2 Executive Summary: In 2011. the Federal. Government began the process of establishing a national urban park in the Rouge Valley. As part of this process, Parks Canada, the Federal Government's representative, established a Landholders' Table which includes representatives from the affected municipalities and public landowners . . The Landholders' Table developed the Memorandum of Agreement Respecting the Assembly of Lands for the Proposed Rouge National Urban Park (the "Agreement") which identifies the lands to be included in Rouge National Urban Park, and the process for transferring the lands to Parks Canada. This report describes progress to date in establishing Rouge National Urban Park and recommends that the City enter into the Agreement substantially in the form as attached to this report. Further, this report recommends that staff be directed to undertake the necessary steps to effect the transfer of City properties to Parks Canada for nominal consideration and to enter into such other easements, leases, licenses, supplemental agreements and/or amending agreements as required to give effect to the Agreement. Parks Canada is moving forward with its recommendations for a Federal legislative framework that will establish and govern the Park, as well as preparing a draft management plan for public review. Financial Implications: The establishment of Rouge National Urban Park requires the ·transfer to the Federal Government of lands owned by various governments and public agencies that are within the Rouge National Urban Park Study Boundary. Once transferred, these lands will no longer be subject to "PILTs" (payment in lieu of taxes) as they will be used and. developed as an urban park and the Federal Government is not subject to municipal property taxes. An analysis of the assessment value and property taxes of lands in south Pickering that are included within the Rouge National Urban Park Study Boundary results in an estimated property tax loss to the City of approximately $6,090.00 annually. Pickering will be required to continue to provide municipal services (such as fire, and by-law enforcement) t.o lands both publicly and privately owned that are situated within the City of Pickering and within the Rouge National Urban Park Study Boundary. Service agreements with the Federal Government will address the provision of municipal services and the form and amount of any compensation to be provided to the City for these services. The capital and operating investments that will be made by the Government of Canada in Rouge National Urban Park and the associated service agreements would likely provide positive financial benefits to the City related to marketing, tourism, recreation and associated development. 25 Report PLN 03-14 Revised January 20, 2014 Subject: Rouge National Urban Park Page 3 1. Background In the 2011 Throne Speech, the Government of Canada made a commitment to create Canada's first national urban park in the Rouge Valley and announced its intention to work with the provincial and municipal governments .. Aboriginal partners, and community stakeholders towards the establishment of Rouge National Urban Park. As part of this process, Parks Canada, the Federal Government's representative responsible for Rouge National Urban Park established a Landholders' Table bringing together representatives from all affected public landholders, including th_e City of Pickering. The purpose of the Landowners' Table is to discuss the Park boundary and the process for transferring lands to Parks Canada. At its April 2012 meeting, Pickering Council endorsed a Statement of Intent confirming the City's interest in working collaboratively with Parks Canada and other landholders to address matters of mutual interest in establishing the Park including an appropriate boundary and land transfer agreements. In June 2013, the Government of Canada and the .Province agreed to a separate Memorandum of Agreement dealing with the transfer of 2,145 hectares of provincial land toward the creation of the Park. Transport Canada has also confirmed its intentions to transfer 2,023 hectares of federal lands in the northeastern part of Markham to Parks Canada. 2. Discussion 2.1 A Memorandum of Agreement to transfer. lands to Parks Canada is substantially finalized ·The Landholders' Table has now substantially finalized the Memorandum of Agreement Respecting the Assembly of Lands for the Proposed Rouge National Urban Park. The Agreement describes lands to be included in the Park and the process that the lands will be transferred to Parks Canada (see Draft MemQrandum of Agreement, Attachment #1). The schedules describing the parcels to be transferred are in the process of being· finalized. · Parties to the Memorandum of Agreement are, the Government of Canada represe·nted by Parks Canada, the Toronto and Region Conservation Authority (TRCA), the City of Toronto, the City of Pickering, the City of Markham, the. Region of York and the Region of Durham. While neither the Region of Durham or Region of York are transfe~ring lands at this time, they are parties to the agreement to address their present and future interest in infrastructure protection and growth management, confirm their support· for the creation of the Park, and· ensure the Regions' ongoing involvement in the management of the Park. Property in private ownership, rail corridors, hydro transmission corridors and· existing infrastructure including existing roads and stormwater facilities are to be excluded from the Park. 26 35 36 Report PLN 03-14 January 20, 2014 Subject: Rouge National Urban Park Page 4 Pickering staff is satisfied with the draft agreement and has identified the properties proposed to be conveyed to the Park. It is recommended that Council authorize the City to enter into the Memorandum of Agreement Respecting the Assembly of Lands for the proposed Rouge National Urban Park, substantially in the form as attached to this report. 2.2 The Memorandum of Agreement deals with the lands that are to be included in the Park and how these lands will be transferred to Parks Canada The Memorandum of Agreement addresses the following: Park Establishment • existing infrastructure such as roads, stormwater management facilities·, · rail corridors and hydro transmission corridors will be excluded from the Park • Parks Canada will recommend for inclusion in the legislative framework, the authority to dispose of, in fee simple, a capped amount of land in the future for infrastructure purposes to accommodate future road widenings as identified in official plans • lands not designated Park by Federal statute within 5 years of the execution of the agreement will be transferred back to the originating party without any charge Transfer of Lands/Due Diligence • lands will be transferred for a nominal value • parties will be reimbursed by Parks Canada for any out of pocket expenses incurred as a result of the transfer of the lands, including environmental assessments, surveys and registration of easements • the final description of land to be transferred will be determined after completion of due diligence and survey work Interim Protection and Management • a committee will be established by Parks Canad.a to advise on the implementation ofthe management plan (Parks Canada has recommended to the Minister of the Environment that each party to the Memorandum of Agreement be represented on that committee) • until lands are transferred to Parks Canada, the TRCA will continue to manage, as·it did priorfo the dissolution of the Rouge Park Alliance, the day to day operation of the current Rouge Park 2.3 Ten City properties are proposed to be transferred to Parks Canada Properties for possible transfer to Parks Canada were identified and circulated to the City departments for comment. Following staff review, ten properties were identified as surplus to the City's requirements and are recommended for transfer to Parks Canada for inclusion in the Park. Report PLN 03:-14 January 20, 2014 Subject: RougeNational Urban Park Page·5 . The properties comprise approximately 8.6 hectares and are listed in Attachment #2. The properties and their _property indentification numbers (PINs) are shown on Attachments #3 to #7. It is_noted.Jhat within Pickering, mo~t ofthe land_s to be· included in the Park are. owned by the TRCA. 2.4 Discussions on park planning, delivery of services and park management' will continue Parks Canada. is ·preparing a strategic management plan that will establish along:: term vision and goals forthe Park, outline key strategies and actionsto realize that vision, and set indicators to measure achievement. Parks Canada, with the . assistance of municipalities, will manage the Park under the guidance of the strategic management plan. Existing .provinCial and municipal plans, policies-and by-laws will be replaced ·by policies-in the strategic· management plan and by. Park regulations. · · City staff will continue to work with Parks Canada to facilitate the transfer of City lands and provide input into the strategic management plan. Once available, staff will report to Counc_il on the strategic management plan. Attachments · · 1. Draft Memorandum of Agreement Respecting the Assembly of Lands for the ··· Proposed Rouge National Urban Park (version 8) 2. City-owned Lands for Transfer to Parks Canada, Property Information Chart 3. Location Qf City-owned Lands Proposed to be Transferred to Parks Canada 4. Map of PINs 263000147,.263000151,263000153, ~63000157 5. Map of PINs 263010307, Part of 263690001, Part of 236690226 6. Map of PINs 263690001, Part of 263690226, 263690318, 26369065?, Part of 263700131 7. Map of PINs 263700131,263700652 37 40 2 AND WHEREAS the Parties have endorsed a Statement of Intent to collaborate with the Government of Canada and other public land holders towards the establishment of a national urban park in the Rouge Valley within the Study Area illustrated and bordered in red on the sketch attached hereto as Schedule "A"; AND WHEREAS on May 25, 2012, the Government of Canada announced an investment of $143.7 million over ten years for park development and interim operations and $7.6 million per year thereafter for ongoing operations; AND WHEREAS the Government of Canada has committed to include in the Rouge National Urban Park all of those lands located in the Regional Municipality of York under the administration and control of the Department of Transport and currently part of the "Pickering Ail)'ort Lands"; ,'\, "" AND WHEREAS a vision has been developed for the park,whjch states tha:U_he "Rouge National Urban Park celebrates and protects, for current and future g~r(eratlons, a diverse larld~cape in Canada's · . largest metropolitan area. Linking Lake Ontario with the.O~k Ridges ,Moraine, the park~ffers engaging and varied experiences, inspires personal connections to it~ natural beauty anp rich history, prom:o;es a vibrant farming community, and encourages us to discover Canada's national treasured places."; ; .·· "' '·, / / ,:, ..... AND WHEREAS Parks Canada will be making recomme~d~tions on matters to be included in any forthcoming legislation, including the development of a Managemeqt Plan containing a long-term vision for the park, a set of management objectives and provisio.ns for perform~h~e-evaluation which will provide guidance for the management of the Park, outli'ne the integrated delivery of Parks Canada's mandate for protection, education and visitor experience and ·ensure that the dynamic ptrrit mosaic of natural, cultural and agricultural landscapes and the Park's enduring values are protected fbr future generations . . // AND WHEREAS the Ge>_verrnp.ents of Cana~a a'nd Ontari5>1 under date of January 26, 2013, reached agreement on th~ .. pfovincial.!ands proposed for inclusion in the proposed Rouge National Urban Park and the proposed ~e}~aSe, of any interest Ontario rri~'y have in lands owned by others within the proposed Park subjeclto the tet:q1s and conditions set out th_erein; . ""' ' . ..• AND W1JEREAS the'Pmiies have reacbed aw.ee'~ent on tpe lands to be transferred for inclusion in the proposed Rouge National Urbart J;>ark subjectto1he terms and conditions set out herein; /. '·. " ', . ... · .. , ""'-.......... '"' . NOW THEREFORE the Parties agree. as follows: //' . ' .. \ '·""' .. __ .·.· ARTICLE 1.0 INTERPRETATION . " \ . / 1. "'-,., fu this Agreem~b.t (he folfowing words shall have the following meaning: a) .,i-.L~~ds" means those lands under the ownersh'ip of each individual Party and proposed by the. owner of such land for inclusion in the Park and described in the individual Schedules •. ·. /' 7 . attached hereto: \ / . §chedule "B"-Toronto and Region Conservation Authority Schedule "C"-City ofToronto Schedule "D" -The Corporation of the City of Markham Schedule "E" -City of Pickering V8 DRAFT LAND ASSEMBLY AGREEMENT Nov. 15, 2013 ATIPJ;~Ut.~U / JO 5 RE~Girf!i . t%1\l-~ 2 -/ f 2.09 In order to provide further flexibility required for future above and below ground public infrastructure and transportation needs~ the Minister will recommend for inclusion,inthdegislation in respect ofthe-'Park the unfettered authority to grant easements over,~enter into leases and_issueJicenses-forthe.occupation of public lands in the Park for above and below ground public infrastructure and transportation needs. The Minister's recommended cap on disposal of title, as set out in section 2.07 above, will not apply to its' authority to enter into leases of, grant easements over and issue licenses of occupation relating to public lands in the Park. 2.10 The Parties agree that:- / / /. " a) if a Party requires any lands for future transportation or pubH2 utility infrastructure, the Party will make a writrentequestto P'arks Carl'ada and Parks Canada will grant an easement to, enter into a long;):e~ lea,~e with or issue a license of occupation to the Party for the specified-t!ansportation or pJ:lblic utility ~ ' . . infrastructure; ...._ ··, '-, b) an easement, lease or license-of oocupatiou'fordle -~pecified ~~~~ortation or . / ' ' public utility infrastructure willbein the form as ~greed to by the P~rtie~ act~ng reasonably, suitable for registration,i{ the Provincial system and having · consideration ofParks Canada's standard, form at Jhe.ti~e of the writteyrequest; " / . ·..., c) despite section 2,10 a): "''-· · i) Parks Canad!l may .refuse to grant an easement to? enterinto_a long term lease with or issue a license of occupation to a J?.ahy for the specified transportation or public _utility infrastructure if to graTJ.t an easement, enter into a long term lease or ·is:;;ue the license pf occupation would be contrary to or inconsistent with law or policy1applic'!bletoth·e Park; /'. ' .. /-'/.-/ '· ii) before Parks Canada makes a final determtmition to refuse to grant an eis~ment to,·-~nter a long terni iease with or issue a license of occupation to .(a Party for the specified transp6rtati9p or public utility infrastructure, Parks -cih'lcia will ~riter i~to discussions.~ith the Party to attempt to resolve the matte'rt~ lhe,sati$faction of both Parties in accordance with the process set out in Article 5.0; and / -'"·... ", ...... , ~ iii) shouid the P~rties be unable to resolve the matter, Parks Canada will pr~\ride'the req'Uesting:Party with its reasons for refusing to grant the easenient, enter into'a long term lease or issue a license of occupation in ""-, . . (/ wntmg. d)-, the obligation, irt sectibn 2.10 a) to grant an easement to, enter into a long term le~sewith or issue a license of occupation to a Party is subject to any duty at law to consult .With and accommodate Aboriginals. '\ 2.11 Upon CO!llpletion of all the required due diligence and survey work, a Party, upon receiving a written request from Parks Canada, will proceed on a reasonable basis with the transfer to Parks Canada of its part of the Lands as determined herein. The Party will deliver to Her Majesty the Queen in right of Canada a grant, irt the form of a registerable Deed/Transfer of Land which shall be prepared by the Party in a form satisfactory to the Parties. 2.12 The obligation of a Party to transfer its Lands or any part thereof to Parks Canada is subject to the following conditions precedent: V8 DRAFT LAND ASSEMBLY AGREEMENT Nov. 15, 2013 43 a) the Party will have secured its requisite approvals and authorities, including, without limitation, approval from its respective Board or Council to transfer its part of the Lands to Parks Canada; · b) the Party will have 'entered into a Supplemental Agreement with Parks Canada, if . it has in writing given notice to Parks Canada on or before the date of this Agreement or within thirty (30) days of this Agreement, that it requires a Supplemental Agreement with Parks Canada to establish further terms and· conditions respecting the transfer of its part of the Lands to Parks Canada; and c) all conditions_rrecedent to th~ tran~fer of~ands set out '~;gpl~mental Agreement will have been satisfied or watved by the~ bend1tmg from such condition. : . . / /".._ ~ . 2.13 When title to the Lands has been transferred to Her4vl,jestythe ~ueen in right of Canada, Parks Canad~ will recommend the inclu'Sio~t the Larlds fu.Jederal Z.! 4 ~:::,:::::errongomgpro~\~eRoug~~~ a) if, within five (5) years of the dat~re tran{r~ to Parks Canada by a Party, the Lands are not designated by a ~tut~,_ofCanada as part ofthe Park, the Party may on written'rotice to Parks Canada.~ithin six (6) months of that five (5) year anniversl:l!Y ~uest the return of'th~Lands, in which case Parks Canada will return tiili\1:-and;u,·.t;he Party withou~'ge; b) ifLands transferred to Parks,.fa~~~~J.ignated by a statute of Canada a.s .• part of the Park but~uch destgnatiOiythereafter ceases to be . effecti_/~at~iftx may ·on wrifte~otice to PJrks Canada within six ( 6) monthsfof the desigqation ceasinj\~b be effective request the return of the . L~s, in~hich 6sJ Parks Canada ~i!Jeturn the Lands to that Party . witho~har~~ t___ !/. · c-}-shou~:m~ortiortofa"'P-~an s, whether designated or not, be required to Ce.ff~_a_di_zPo~'-to'a~arty otlier··tlG.n itself contemplated by Article 2_.07, t~e proviSIOn f-or Parks Canada to transfer back to that Party referred to m ArtiCle 2.14(a}abdve shallno~y to those lands'; and ) all costs as~c~ted wi~y transfer contemplated by Article 2.14 a) and b) will '\be paid by Pdrk~ Canada unless related to a disposal contemplated in Article ~~ )1 . . - ARTICLE 3~~~JLIGENCE/TRANSFER OF LANDS 3.01 The P:rrtie}':a~e that al~ tra~sfers ofland to Parks .Canada will be completed at "nommal~alue". · · 3.02 Parks Canada agrees:' a) to reimburse each Party its demonstrable, prepaid (out of pocket) costs associated with the due diligence required on the part;. of the Party to effect the transfer of its part of the Lands as well as the demonstrable, prepaid (out of pocket) and reasonable costs of the transfers provided Parks Canada has, acting reasonably, approved these costs in advance and in writing. These co~ts include, but, are not limited to: 44 V8 DRAFT LAND ASSEMBLY AGREEMENT · Nov. 15, 2013 7 ATIP.CHM6'6T1LJ. _TO Ra'Uiti!ll b.N 0 'rl if Environmental Assessments Property Valuation Costs (if required) Survey costs (if required to identify and describe the lands to be transferred) Federal Heritag~ Building Review (FHBRO) Legal Costs attributable to the transfer of the respective Parties'· hinds, including costs to amend existing agreementsandclosing costs b) to reimburse a pre-approve!i cost within thirty (30) calendar days of receiving a request and the appropriate documentation frym"a~arty. c) Parks Canada will reimburse the costs in Article 3.02 ~)-regardici'ss·of _ the transfers being completed or not. /_. _'.,_"-,,_""-· / .:. ' ""' . 3.03 Park~. Canada.will, immediately following execution, of this Agr~erpent, proceed with all of the . required due diligence associa)ed·~th1he transfe~s ·~z the Lands. 3.04 The Parties agree.to work cooperatively in c(mplet~k the due diligence \\fOrk in order to limit duplication of costs an9 ~~~ w?enev~~ ~ossible, .compl~~~ orw.- report or assessment that meets and satisfies th~u respectlve reqmrements: , / ""' . ' ' . ' . ' 3. 05 The Parties agree to disclose to Parks Canada all'kn6_wn uti'registered e?,sl:rilent~, covenants. and agreements which may affect the title of thci'l~ds that they are transferring to Parks Canada and. which the Parties~e 'a 'Yare of to the best of their knowledge without conducting any investigation's. _ Plirks <;;~nada shall not call for the production of any titl.e, deed, abstract or other evi'dence oftitle to Lands except those that are in control and posse~on of the PartLes:' 3.06 The Parties acl5nowledge that ther~,may~b{~o"Wn unre~istered easements over some of th~.I~ands that provide for befqw ground il}frastructure and agree that these easements\vill be docUJJ!.ented and registered either prior to or immediately after the L~p'(is~e ~esignated under a statute. of s~ada. _ . 3.07 Par~s Canada'~ '\:iJ!._accept title to the L,~nds.in an "as is where ~s" condition and subjecqo any eXIstmg easements, leases or licences. However, tf, upon .. _/ compl~tioii·olthe'd~e'ai}igence :Pa:rks Canada is not satisfied with the title and/or // environmental condition ofthe Lands or any portion of the Lands, then Parks . ' .... ., ' ,.. Canada retain,s th~ right to refuse to accept the transfer of any portion of the Lands / ' "'-·,. -~question in,\hich ca~e}~at p~rtio~ of.the Lands.will not be included~ the Park ·" an~ Parks Canada's obhgat10ns m th1s Agreement m respect ofthatport10n of the 'Larids will terminate. "-< "' • • 3.08 On'the date oftransferto ·Parks Canada by a Party of that Party's portion ofthe Land~>thcrt Party will deliver vacant possession of that Party's portion of the Lands to Parks Canada subject to any existing tenancies that may exist at that time and, when and 'If required, existing leases of land will be assigned to and assumed by Parks Canada pursuant to an assignment and assumption agreement in form and content satisfactory to the Parties. 3.09 The Parties agree that at any time after the date of this Agreement, Parks Canada may, at its discretion, acquire on a willing buyer willing seller basis or by donation, other lands within the proposed Park boundary for addition to the Rouge National Urban Park. Parks Canada's primary interest in future acquisitions will be acquisitions that provide enhanced visitor access and further educational opportunities, visitor experience, ecological connectivity and habitat improvements. V8 DRAFT LAND ASSEMBLY AGREEMENT Nov. 15, 2013 45 46 8 ARTICLE 4.0 INTERIM PROTECTION AND MANAGEMENT ATIP-utHMEWT #. I :ro REPm-rr r,: DJ. 1/LN. o 3 -I Gt 1-~ . . .. 4.01 Until the transfer by a Party of its portion of the Lands is completed,. all. of that Part)'' s portion of the Land.s remain at the risk ofthat Party to the date of transfer to Parks Canada and thereafter shall be at the risk of Parks Canada. Prior to the completion of the transfers ofthe Lands, the Parties will not authorize or undertake any action that would materially diminish the value of their portion Qfthe Lands for national u,rban park purposes. 4.02 Transition Measur~s will be.dev.eloped to .~How for inte~im govemanc~fthe proposed Park dunng.the estabhshment process and untd a perman~~ governance structure 1s created and the Lands have been transfe~e(l,to Parks Canada. A Transition Advisory Committee will be created an<LCnaii'ed by . . /./' ~-. Parks Canada and associated Terms of Reference will be d~e)oped'fR.~ '-.. recommendation to the Minister. The Committee will ensure,that the diversity of interests is reflected and will provide advice and input.6n:fue ~tablishm~t iftocess ari~ ~ny transition measures r~quired. Parks Canadaj..f£ rec~mended to tM\..y Mm1ster that each Party to thts Agreement ha~resentatwn on th~ Committee. 4.03 Until the Lands are transferred to Parks Canada, the ~ronto a~Region · Conservation Authority (TRCA) will continue to ~~e(atitdili prior to the · dissolution of the Rouge Park Alliance, the day to day ~eration of the current Rouge Park. Any agreement.~~~~ngei?e~ts estaBli~'ed,between . · . the TRCA and any of the other Parttes\"::Ilhem~m m full force..ano-,~t with respect to the existing Rouge Park until\th'e-bandS>have been tra£sferrea to · Parks Canada unless otherwise rimtually \~eedto~:i'rRCA and th{ other Party. · ARTICLE 5.0 DISPUTE RESOLUTION. . VY ~ 5.01 In the eventthat on6':."JiYis~ satisfied with\the performance of another Party in carr)'ing out any(ofthe roles )nd\esponsibilitiei-outlined in this Agreement, the Parties will w6fkt0-.r~olve th~ iJsue or· issues t~\hierr mutual satisfaction within a reasonable time. Iftfre r"cl,olutiokattem12ts are unstkcessful and a Party remains unsatisfied;--efforts wili'be ¥a-aero"amiciblyreShlve the dispute through discussions b . / ffi . 1' . ·1"-,, 'l --...1 .-. L . 1 I ffi . 1· h ez;-en"' 'IGla S·a:t>-Siml ar'l.eVe S, esca atmg to more SeniOr eve 0 ICla S W en ART~:~~RM ~ y . . . 6.01 T~~ement shall be~ effective once executed by all Parties and shall remain in full fo~e :riid effect untiljiJnuary 24, 2028 at which time it will terminate and be fully afan"end, exce?.t f6r Articles 2.06 b), 2.08, 2.10, 2.14, 3.09, 5.0 and 7.0 which will s~~idationandcontinue to bind the Parties. . . . ARTICLE 7.0 MISCEDLANEOUS · . . . · 7.01 This Agreement fo'nstitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and may not be modified except by subsequent written agreement executed by all Parties. V8 DRAFT LAND ASSEMBLY AGREEMENT Nov. 15,2013 9 7.02 No term, condition, covenant or other provision of this Agreement will be considered to be waived by the Parties unless such waiver is' expressed in yvriting by th~ Parties. The waiver by the Parties of any ~reach by the other Parties of any term, condition,. covenantor-other prov·ision ofthis Agreement will not be construed_as or constitute a waiver by any further or other breach of the same or any term, condition, covenant or other provisiqn and the consent or approval of the Parties to any act by the other Parties requiring the consent or approval ofthePartywill not· be considered to waive or render unnecessary such consents or approvals to any subseq!:l:ent same or similar act by the other Parties: · · · 7.03 All notices, documents or communications required or penilittedto b~iv~n under this Agreement must be in writing and will be deemed to be given o~thefiT.st business date ofthe recipient following delivery by hand or facsifuile to the Parties to whom it is to be given as follows: . to Parks Canada:_ to TRCA: to City of Toronto: Field Unit Superintendent . Rouge National Urban-Park -' 3620 Kingston Road · Toronto, ON. MlM 1R9- . Dll=;o~, Reru Mate~· 55 John Stn.~._et 2nd Floor, Metro Hall~ Toronto, ON~f'I5:V 3C6 _ · to The Corporation of the Cit; ofMarlilifun\)·: · to City of Pickering: · ' \ to R~gional Municipality.Of--~rk: . · - to Regional Muni~~f'D~am: The R gional Municipality of Durham C 605 R6~s~d Road East -Whitby~Ontario. LIN 6A3 . · . _ ~ttsmtiotf Regional Clerk . . . successbrs ari'd'\si~s. &. _ · · _ . -· _ . · 1~'-. The Sched:&s afulche~ihis Agreement form part ofthffi.Agreement. . . 7 .06'. 'N.~~hin? in thi~~eemeJ'i: to be construe~ as authorizing one Party to incur any "obligatton on behalf of any of the other Parties or to act as an agent for any of the clhei'B-arties, ex~ept where otherWise specifically provided herein. . 7. 07 · Th~~\s~cl/nant ~nd agree that they shall at all times hereafter e::'-ecute and -dehver, atthe request of any other Party, all·such further pocumentat10n and instrume&fs and shall do and perform all such acts as may be necessary to give full effect to the intent and meaning of this Agreement. 7.08 All monetary. obligations of Parks Canada under this Agreement will be subject to the necessary appropriations required to meet such obligations being made available by the Parliament of Canada. -· · 7.09 Any obligation of a Party under this Agreement is subject to that Party obtaining any necessary approvals and authorities that itmay require. f. V8 DRAFT LAND ASSEMBLY AGREEMENT · Nov. 15, 2013 47 12 ATTP..!J.~MS\JTfJ_/ _TO m:t:''ifl~~ -~..3_:1 ~ Schedule "A" Rouge National Urban Park Study Area V8 DRA.FT LAND ASSEMBLY AGREEMENT NOV; 15, 2.013 50 13 · SCHEDULE "B" TORONTO REGION CONSERVATiON AUTHORITY LANDS TO BE TRANSFERRED Parcel Identification Number V8 DRAFT LAND ASSEMBLY AGREEMENT Nov. 15, 2013 51 52 14 ~ SCHEDULE ''B?' CON'T V8 DRAFT-LAND-ASSEMBLY AGREEMENT N<;>v. 15, 2013 AIT~rnMEMT.i!! I JO R~f!Jiff tl ~~f fL 1\1 0 3 -1¥- ' . 16 SCHEDULE "D" CORPORATIONOF-THE CITY MARKHAM LANDS TO BE TRANSFERRED. ~ ' -. . . ,. Parcel Identification Numbers . I V8 DRAFT LAND ASS]3MBL Y AGREEMENT 54 Nov. 15, 2013 ATTACHMENT# b TO REPORT# )._E9 0 6 ~I g ! .1" I .v •. f v (Part of Hydro Corridor) ~ Part 1, 40R-29780 I ~ r--- lj!v v ..... .... :::l 0 u ~ .... Ol Ol :::l ..c c: u I ~ Ol "0 ~ c: ca Ol (/) > Thicket Crescent ~idge Crescent 0 Valley (5 Ol c: a: 1--r--Legend Copley Street r- \ Part of PIN r-- r-- I I 263690001 r-- Location Map -~of-File: Land Transfer to Hydro One P1CKER1NG Applicant: City of Pickering City Development Property Description: Part 1, 40R-29780 Department Date: Oct. 05, 2017 CJ ne Corporauon of tne Crry o PICKenng Proouced (rn part) unoer license trom: ©Queens Pnrner, Ontano Mrmsuy of Natural Resot.m:es. SCALE: 1 :3 ,293 65 II rights reserved.:© Her MaJesty the Queen 1n Right of Canaoa, D!!partment of NatU!al Resources. A!l riphts reservec.: .. Te~anet Enteronses In::. and ns supoliers an nghts reservec:!.: © MuniC!oal Prooenv Assessment Coroorat1on and its supoUers al! nghts reserve!!. THIS :s NOT A PLAN o~ SURVEY $ a...-.-Ar Arl,l"'r.U Lr~ ,,.., n;::or-DT·I+ ff JC:;_ r ·) P". I'"U II"\\.. "'-'~ i .. ~ ·-// '--'---' 9 '-' ::J . t () ~ I .of. f . ~ I~ I~ I~ I c r-Ic ~~ I~ ~ \ .r-- ~-1--Oa_ J t 1--- ~ Ll - - ~ v \ \..... ~ ~Ill -\ \ II II Ill RAIIIr E1__ - FINCH AVENUE 11J I I - I / rr:: g I~ I~ ~ II ~ Legend Part of PIN 263700131 ~ ,..._ Location Map -C:btof-File: Transfer to York Region I PICKERING Applicant: City of Pickering City Development Property Description:40R20479 Part 5 Department I Date: Sep. 27, 2017\ " ne Cc~ranon ottne C~cy of PICKermg Procuced (!n oart) unoer ncense trom: ©Queens Pnmer. Omano M1n1suy of N.arural Resowce:;. SCALE: 1:5,000 I ~11:;'ra~~~:!s~~~~~:~:r:~l:nri:~~r~~~~~~ ~:r=~~f~:~=~c:!::nr::IVn:~~oobersalt ri~hts reservec. THIS IS NOT A ~"LAN o:::-SUR\'2.' 6 7 A1.TACHMENT# I TO REPORT# The Corporation of the C1ty of P1ckenng 1 .of. By-law No. /18 Being a by-law to stop-up and close certain road allowances within Pickering as public highway and deem them surplus to the needs of the Corporation. Whereas, pursuant to the Municipal Act, the Council of the City may pass by-laws to acquire or dispose of land or interests in land and to stop-up a highway, or part thereof, and to authorize its sale or the sale of a part thereof. Whereas, Notice of this By-law has been published for two (2) consecutive weeks, Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. That the following highways are hereby stopped-up and closed to vehicular and pedestrian traffic: (i) that part of the road allowance between Lots 32 and 33, Range 3, BFC, being Part 1, 40R-28840; (ii) Morgan Avenue, Plan 189, Riverside Lane, Plan 189 and lanes on Plan 189 lying south of Hwy. Plan 45 and west of road allowance between Lots 32 and 33, Range 3, BFC; (iii) those parts of the road allowance between Lots 34 and 35, Range 3, BFC, being Parts 1 and 2, 40R-28865; (iv) road allowance between Township of Scarborough and Township of Pickering, Concession 1, east of centre line, save and except Parts 1 and 2, 40R-29779 and save and except Parts 1 and 2, 40R-29659; (v) that part of the road allowance between Lots 34 and 35, Concession 1, being Part 6, 40R-28938; (vi) that part of the road allowance between Lots 34 and 35, Concession 2, being Part 7, 40R-29181; (vii) that part of the road allowance between Lots 34 and 35, Concession 2, being Part 5, 40R-20479; (viii) road allowance between Township of Scarborough and Pickering, Range 3, BFC, between Twyn Rivers Drive and Rouge River, east of the centre line; and 71 72 By-law No. /18 Page 2 2. (ix) that part of the road allowance between Township of Scarborough and Township of Pickering, Concession 1, east of centre line, being Part 3, 40R-29779. That the above road allowances are deemed surplus to the needs of the Corporation and shall be transferred to Her Majesty the Queen in Right of Canada, as represented by the Minister of the Environment (Parks Canada), The Regional Municipality of York, Canadian National Railways and Hydro One Networks Inc., for nominal consideration, subject to any required easements. 3. That the City shall ensure that all utility easements are conveyed to the appropriate utility authority for nominal consideration ($2.00) prior to their conveyances. 4. That the Director, Corporate Services & City Solicitor is authorized to obtain and execute all relevant documentation required to effect the stopping-up, closing and disposition of road allowances referred to above. By-law passed this 15th day of January, 2018. David Ryan, Mayor Debbie Shields, City Clerk ATTACHMENT# / / TO REPORT# /-__E; 0 6 /, .of. The Corporation of the City of Pickering By-law No. /18 Being a by-law to establish the following lands within the City of Pickering as public highways. Whereas The Corporation of the City of Pickering is the owner of certain lands lying within Pickering and wishes to establish them as public highways, Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: · 1. Those parts of the road allowance between Township of Scarborough and Township of Pickering, Concession 1, east of centre line, being Parts 1 and 2, Plan 40R-29779 are hereby established as public highway (Twyn Rivers Drive); 2. Those parts of the road allowance between Township of Scarborough and Township of Pickering, Concession 1, east of centre line, being Parts 1 and 2, Plan 40R-29659 are hereby established as public highway (Finch Avenue); 3. That part of the road allowance between Lots 34 and 35, Concession 1, being Part 5, 40R-28938 is hereby established as public highway (Finch Avenue); 4. That part of the road allowance between Lots 34 and 35, Concession 2, being PartS, Plan 40R-29181 is hereby established as public highway (Finch Avenue); 5. Those parts of Lot 35, Concession 2, being Parts 2 and 10, Plan 40R-29181 are hereby established as public highway (Finch Avenue); 6. That part of Lot 35, Concession 2, being Part 9, Plan 40R-29181 is hereby established as public highway (Scarborough-Pickering Townline Road); 7. Those parts of Block 40, Plan 40M-2343, being Parts 4 and 6, Plan 40R-29181 are hereby established as public highway (Finch Avenue); 8. Those parts of Lot 35, Concession 1, being Parts 2 and 4, Plan 40R-28938 are hereby established as public highway (Finch Avenue); 9. That part of Lot 35, Concession 1, being Part 2, Plan 40R-28875 is hereby established aspublic highway (Twyn Rivers Drive); and 10. That part of West Point Crescent (known as Woodgrange Avenue), Plan 283, being Part 1, Plan 40R-29359 is hereby established as public highway (Woodgrange Avenue). 73 By-law No. /18 Page 2 By-law passed this 15th day of January, 2018. David Ryan, Mayor Debbie Shields, City Clerk 74