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October 25, 2021
Council Meeting Agenda October 25, 2021 Electronic Meeting 7:00 pm Due to COVID-19 and the Premier’s Emergency Orders to limit gatherings and maintain physical distancing, the City of Pickering continues to hold electronic Council and Committee Meetings. Members of the public may observe the meeting proceedings by viewing the livestream. A recording of the meeting will also be available on the City’s website following the meeting. Page 1.Roll Call 2.Invocation Mayor Ryan will call the meeting to order and lead Council in the saying of the Invocation. 3.Indigenous Land Acknowledgment Statement Mayor Ryan will read the Indigenous Land Acknowledgment Statement. 4.Disclosure of Interest 5.Adoption of Minutes Council Minutes, September 27, 2021 1 (Confidential In Camera Council Minutes, September 27, 2021, provided under separate cover) Executive Committee Minutes, October 4, 2021 27 Planning & Development Committee Minutes, October 4, 2021 31 Special Council Minutes, October 6, 2021 44 (Confidential In Camera Council Minutes, October 6, 2021, provided under separate cover) 6.Presentations 7.Delegations Due to COVID-19 and the Premier’s Emergency Orders to limit gatherings and maintain physical distancing, members of the public may provide a verbal delegation to Members of Council via electronic participation. To register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. Delegation requests must be received by noon on the last business For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda October 25, 2021 Electronic Meeting 7:00 pm day before the scheduled meeting. All delegations for items not listed on the agenda shall register ten (10) days prior to the meeting date. The list of delegates who have registered to speak will be called upon one by one by the Chair and invited to join the meeting via audio connection. A maximum of 10 minutes shall be allotted for each delegation. Please ensure you provide the phone number that you wish to be contacted on. Please be advised that your name and address will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 7.1 Paula Macdonald Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) 7.2 Stephanie Hoffe Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) 7.3 Michael Vani, Weston Consulting Re: Report PLN 39-21 Two-year Period Exemption Request for Minor Variance Application P/CA 103/21 Universal City Six Developments Inc. 1496 Bayly Street 7.4 Ryan Rowland Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) 7.5 John Lambert Re: Report PLN 38-21 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda October 25, 2021 Electronic Meeting 7:00 pm Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) 7.6 Diane Seeley Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) 8. Correspondence 8.1 Corr. 48-21 The Honorable David Piccini Minister of the Environment, Conservation and Parks Re: York Durham Sewage Solutions -Bill 5, York Region Wastewater Act, 2021 49 Recommendation: That Corr. 48-21, from The Honorable David Piccini, Minister of the Environment, Conservation and Parks, dated October 5, 2021, regarding the York Durham Sewage Solutions -Bill 5, York Region Wastewater Act, 2021, be received for information. 8.2 Corr. 49-21 Association of Municipalities Ontario Re: AMO Policy Update – Phase I Regulations of Conservation Authorities Act Released 51 Recommendation: 1. That Corr. 49-21, from the Association of Municipalities Ontario, dated October 12, 2021, regarding the AMO Policy Update – Phase I Regulations of Conservation Authorities Act Released, be received; and, 2. That Staff be directed, through the CAO, to enter into discussions with the Toronto Region Conservation Authority (TRCA) regarding For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda October 25, 2021 Electronic Meeting 7:00 pm the Municipal funding of non-mandated services and report back to Council on budgetary impacts prior to February 2022. 8.3 Corr. 50-21 Kevin Narraway, Manager of Legislative Services/Deputy Clerk Town of Whitby Re: Provincial Funding for Municipal By-law Enforcement Costs related to Proof of Vaccination Policy 53 Recommendation: 1.That Corr. 50-21, from Kevin Narraway, Manager of Legislative Services/Deputy Clerk, Town of Whitby, dated October 13, 2021, regarding the Provincial Funding for Municipal By-law Enforcement Costs related to Proof of Vaccination Policy, be received; and, 2.That the position of the Town of Whitby be endorsed and a copy of this Resolution be forwarded to The Honourable Doug Ford, Premier of Ontario, and all Durham Region MPPs. 8.4 Corr. 51-21 Dave Burton, President, Good Roads Re: Modified Exhausts and Noisemakers 55 Recommendation: 1.That Corr. 51-21, from Dave Burton, President, Good Roads, regarding the Modified Exhausts and Noisemakers, dated October 19, 2021, regarding the Modified Exhausts and Noisemakers, be endorsed; and, 2.That a copy of this Resolution be forwarded to The Honourable Doug Ford, Premier of Ontario, and The Honourable Caroline Mulroney, Minister of Transportation. 8.5 Corr. 52-21 Nicole McNeill, President and Chief Administrative Officer Municipal Property Assessment Corporation Re: 2022 Provincial Municipal Levy Announcement 56 Recommendation: For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda October 25, 2021 Electronic Meeting 7:00 pm That Corr. 52-21, from Nicole McNeill, President and Chief Administrative Officer, Municipal Property Assessment Corporation, dated October 18, 2021, regarding the 2022 Provincial Municipal Levy Announcement, be received for information. 8.6 Corr. 53-21 58 Sarah Douglas-Murray, Director, Community Services City of Pickering Re: Request to Deaccession Artifacts at Pickering Museum Village - August 2021 Deaccession List Recommendation: That Corr. 53-21, dated October 13, 2021, from Sarah Douglas-Murray, Director, Community Services, City of Pickering, requesting approval for the deaccession of artifacts as proposed by City staff and endorsed by the Cultural Advisory Committee on September 21, 2021, be approved. 9.Report EC 08-21 of the Executive Committee held on Refer to Executive October 4,2021 Committee Agenda pages: 9.1 Director, Community Services , Report CS 18-21 1 City of Pickering Volunteer Program Update -2020/2021 Activities Recommendation: 1.That Report CS 18-21, regarding the City of Pickering Volunteer Program Update, be received for information; and, 2.That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.2 Director, Community Services , Report CS 31-21 6 2022 Community Festivals and Events -Approval of 2022 Events in Esplanade Park Recommendation: For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda October 25, 2021 Electronic Meeting 7:00 pm 1. That Council authorize staff to issue a park permit for the use of Esplanade Park by Carea Community Health Centre on Tuesday, June 21, 2022 for National Indigenous Peoples Day, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 2. That Council authorize staff to issue a park permit for the use of Esplanade Park by Frederica Black Events on Saturday, July 16, 2022 for Brew & BBQ Fest on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 3. That Council authorize staff to issue a park permit for the use of Esplanade Park by Canadian Food Truck Festivals from Friday, August 5 to Sunday, August 7, 2022 (inclusive) for Pickering Food Truck Festival, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 4. That Council authorize staff to issue a park permit for the use of Esplanade Park by Indo-Canadian Cultural Association of Durham Inc. on Saturday, August 14, 2022 for Festival of India’s Heritage, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.3 Director, Human Resources, Report HUR 05-21 10 Recovery Plan -Post Pandemic Service Delivery Model Recommendation: That Report HUR 05-21, regarding the City’s Recovery Plan – Post Pandemic Service Delivery Model, be received for information. 10. Report PD 08-21 of the Planning & Development Refer to Planning & Committee held on October 4, 2021 Development Agenda pages: 10.1 Director, City Development & CBO, Report PLN 36-21 21 Proposed Telecommunication Tower Installations Bell Mobility For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda October 25, 2021 Electronic Meeting 7:00 pm Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 Recommendation: 1. That Bell Mobility be advised that City Council objects to the proposal for a 20.0-metre high monopole telecommunication tower located at the Rick Johnson Memorial Park (2631P Sapphire Drive), based on the design and location of the proposal; and, 2. That Bell Mobility be advised that City Council objects to the proposal for a 20.0-metre high monopole telecommunication tower located at the Foxtail Green (1088P Foxtail Crescent), based on the design and location of the proposal. 10.2 Director, City Development & CBO, Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) 34 Recommendation: That Zoning By-law Amendment Application A 03/19, submitted by Joshani Homes Ltd., to permit 4 semi-detached dwellings units fronting onto the future southerly extension of Dunn Crescent, be approved, and that the draft Zoning By-law Amendment set out in Appendix I to Report PLN 38-21 be finalized and forwarded to Council. 11. Reports – New and Unfinished Business 11.1 Chief Administrative Officer, Report CAO 06-21 myDurham 311 Project & Re-routing Request 82 Recommendation: 1. That, as part of the myDurham 311 project, 311 calls made by residents, customers, and businesses within the City of Pickering telephone exchange be re-routed to the Region of Durham, subject to being revocable by the City on 60-days notice to the Region; For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda October 25, 2021 Electronic Meeting 7:00 pm 2. That to the City agree, in principle, to participate in Model 1 of the Municipal Models spectrum; 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report; and, 4. The City Clerk forward a copy of Report Number CAO 06-21 to the Regional Municipality of Durham. 11.2 Director, Community Services, Report CS 34-21 Canada Community Revitalization Fund – The Improvement of Pickering’s Esplanade Park -Grant Application Endorsement 89 Recommendation: 1. That Pickering Council supports the application of The Improvement of Pickering’s Esplanade Park for the Federal Economic Development Agency for Southern Ontario (FEDASO), Canada Community Revitalization Fund (CCRF) for a total project cost of $340,500; 2. That staff be directed, through the Chief Administrative Officer, to submit an application under the FEDASO, CCRF to request $255,375 to fund the project outlined in this report; 3. That if grant funding be approved, that the Treasurer be authorized to fund the City contribution of $85,125 as follows: a) the sum of $55,125 by a transfer from the Public Art Reserve; b) the sum of $30,000 from property taxes; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. 11.3 Director, City Development & CBO, Report PLN 39-21 Two-year Period Exemption Request for Minor Variance Application P/CA 103/21 Universal City Six Developments Inc. 100 For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda October 25, 2021 Electronic Meeting 7:00 pm 1496 Bayly Street Recommendation: That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permits the Committee of Adjustment to consider Minor Variance Application P/CA 103/21 resulting from the further processing of the Site Plan application, submitted by Universal City Six Developments Inc., for lands municipally known as 1496 Bayly Street, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. 11.4 Director, City Developments & CBO, Report PLN 40-21 Envision Durham – Housing Intensification Study Technical Report Recommendation: 1.That Council endorse the Staff Comments contained in Section 2.2 of Report PLN 40-21 as the City’s formal comments on the Envision Durham Housing Intensification Study Technical Report, August 24, 2021; and, 2.That the appropriate City of Pickering staff be authorized to take the necessary actions as indicated in this report. 11.5 Motion for Reconsideration of Council Resolutions #676/21 and #677/21: At the October 4, 2021 Executive Committee Meeting, Councillor Brenner gave notice of a Motion for Reconsideration pertaining to Council Resolutions #676/21 and #677/21, adopted at the September 27, 2021 Meeting of Council. The above noted resolutions are pertaining to the Infill and Replacement Housing in Established Neighbourhoods, Recommended Amendment 40 to the Pickering Official Plan, Recommended Informational Revision 28 to the Pickering Official Plan, Recommended Draft Zoning By-law Amendments Revised Urban Design Guidelines. [In accordance with the City’s Procedure By-law Number 7665/18, no discussion of the original motion shall be allowed until the motion for For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 107 Council Meeting Agenda October 25, 2021 Electronic Meeting 7:00 pm reconsideration has carried with a two-thirds vote of the Members present.] The following Motion for Reconsideration is before Council: Moved By Councillor Brenner Seconded By ________________ That Council Resolutions #676/21 and #677/21, regarding the Infill and Replacement Housing in Established Neighbourhoods, Recommended Amendment 40 to the Pickering Official Plan, Recommended Informational Revision 28 to the Pickering Official Plan, Recommended Draft Zoning By- law Amendments Revised Urban Design Guidelines be reconsidered. Should the above Motion for Reconsideration be carried by a two-thirds vote of the Members present, the following Council decision is before Council for reconsideration: Resolutions #676/21 and 677/21 1.a) That Official Plan Amendment Application OPA 20-006/P, initiated by the City of Pickering, to add new policies to the Pickering Official Plan with regard to Infill and Replacement Housing in Established Neighbourhood Precinct areas, as set out in Appendix I to Report PLN 33-21, be approved; b)That the Draft By-law to adopt Official Plan Amendment 40 to the Pickering Official Plan, to add new policies to the Pickering Official Plan with regard to Infill and Replacement Housing in Established Neighbourhood Precinct areas, as set out in Appendix I to Report PLN 33-21, be finalized and forwarded to Council for enactment; 2. 2.That Council adopt Informational Revision 28 to the Pickering Official Plan, to add a layer identifying the boundaries of Established Neighbourhood Precincts to the informational neighbourhood maps contained within Chapter 12 – Urban Neighbourhoods, of the Pickering Official Plan, as set out in Appendix Il to Report PLN 33-21; For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Council Meeting Agenda October 25, 2021 Electronic Meeting 7:00 pm 3. That Zoning By-law Amendment Application A 11/20, initiated by the City of Pickering, to implement Official Plan Amendment 40, be approved, and that the Recommended Draft Zoning By-law Amendments as set out in Appendices lll, lV, and V to Report PLN 33-21 be finalized and forwarded to Council for enactment; 4. That Council adopt the Revised Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts, August 2021, as set out in Appendix Vl to Report PLN 33-21, which replaces the Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts dated August 2020, adopted by Council on September 28, 2020 through Resolution #428/20; and, 5. That the maximum Dwelling Height be increased from 9 metres to 10 metres. 12. Motions and Notice of Motions 13. By-laws 13.1 By-law 7880/21 Being a By-law to amend Zoning Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, on Part of Lot 72, Plan 418, Now Part 2, 40R-30097, in the City of Pickering. (A 03/19) 14. Other Business 15. Confirmation By-law 16. Adjournment For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 113 Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean D. Pickles Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor S. Douglas-Murray -Director, Community Services B. Duffield -Director, Operations J. Eddy -Director, Human Resources J. Hagg -Fire Chief J. Flowers -CEO & Director of Public Libraries, Pickering Public Library R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk C. Rose -Chief Planner D. Jacobs -Manager, Policy & Geomatics S. Booker -Manager, Capital Projects & Infrastructure C. Addo-Bekoe -Manager, People and Culture, Pickering Public Library M. Kish -Principal Planner, Policy J. San Antonio -Senior Advisor, Diversity, Equity & Inclusion C. Blumenberg -Deputy Clerk 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Invocation Mayor Ryan called the meeting to order and led Council in the saying of the Invocation. - 1 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm 3. Indigenous Land Acknowledgment Statement Mayor Ryan read the Indigenous Land Acknowledgment Statement. 4. Disclosure of Interest No disclosures of interest were noted. 5. Adoption of Minutes Resolution # 664/21 Moved by Councillor Brenner Seconded by Councillor Cumming Special Council Minutes, Education & Training, June 24, 2021 Council Minutes, June 28, 2021 In Camera Council Minutes, June 28, 2021 Special Council Minutes, July 26, 2021 Special Council Minutes, August 30, 2021 – 6:00 pm Special Council Minutes, August 30, 2021 – 7:00 pm Executive Committee Minutes, September 13, 2021 Planning & Development Committee Minutes, September 13, 2021 Carried 6. Presentations There were no presentations. 7. Delegations Resolution # 665/21 Moved by Councillor Ashe Seconded by Councillor McLean That the rules of procedure be suspended to allow two additional delegations, under Section 7 of the agenda regarding Report PLN 33-21. Carried on a Two-Thirds Vote 7.1 Elena Walmsley and Lori Matorcevic Re: Corr. 37-21 - 2 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm Changes to the Building Permit Processes Lori Matorcevic, 782 Oliva Street and Elena Walmsley, 784 Oliva Street, joined the electronic meeting via audio connection regarding Corr. 37-21 as it relates to asbestos and the building permit process. They highlighted a timeline of events as a result of a house at 786 Oliva Street that contained Johns Mansville asbestos siding, as well as asbestos within the home. Ms. Matorcevic stated that there is a need to advance changes to the building permit process for construction, renovation, and demolition as it pertains to the removal process and disposal of asbestos. She noted Pickering residents should not be the watchdog for the safe removal of hazardous materials as confirmed by the Ministry of Labour, Ministry of Environment, and the Region of Durham. Ms. Walmsley, stated that the building permit process is flawed and changes need to be made as it relates to infill and replacement housing. Ms. Walmsley stated that the City could give itself the authority to monitor this matter under the Municipal Act, and that training needs to be paramount on hazardous materials, Workplace Hazardous Materials Information System (WHMIS), and asbestos awareness training. She stated that the onus should be on the owner and contractor to provide the City with the proof of this information, and that the City could charge a fee as part of the process. Ms. Walmsley asked that a demolition permit should be included and applicable resources be allocated to the Building Department. Through the aid of a PowerPoint presentation, Ms. Walmsley presented pictures of the asbestos removal not being properly disposed of and the lack of adherence in maintaining a clean site. Ms. Walmsley asked that Council be proactive and review the process to protect residents. 7.2 Gena Chang-Campbell, Chair, Pickering Anti-Black Racism Taskforce Re: Corr. 43-21 Jaclyn San Antonio, Senior Advisor, Equity, Diversity & Inclusion, City of Pickering Clara Addo-Bekoe, Manager, People & Culture, Pickering Public Library Pickering Anti-Black Racism Taskforce (PABRT) 2021 Quarterly Update and Work Plan Gena Chang-Campbell, Chair, Pickering Anti-Black Racism Taskforce (PABRT), joined the electronic meeting via audio connection to speak to Corr. 43-21, the PABRT 2021 Quarterly Update and Work Plan. She highlighted the seven sub- committees, and their work in youth development, education, health and wellness, employment opportunities and financial supports, community and civic engagement, inclusive governance and leadership, policing, and the justice system. Ms. Chang-Campbell highlighted the projects undertaken this quarter by the PABRT, including a letter of support for the Community Piano Project, the various communications tools utilized by the Taskforce including the pabrt.ca website, and dialogue with the City in forming its strategy and achieving its Equity, Diversity, and Inclusion objectives, as well as the Code of Ethics developed by the Taskforce. She noted that there was an open call for sub-committee members and - 3 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm that there is a diverse and qualified group of people who will be on-boarded to serve on the sub-committees. Ms. Chang-Campbell spoke of the up-coming projects including participation in Reimagine Culture Days with the City of Pickering, and hosting a virtual Open House event for residents to highlight PABRT sub-committees and related City of Pickering services. She spoke to the feeling of a lack of autonomy for the PABRT, as well as a lack of engagement and barriers from the City in achieving the partnerships necessary to leverage the talents and expertise of the PABRT in its objectives to better the City of Pickering and move forward. Council thanked the Chair of the PABRT for her candidness, and sought clarification on the barriers, and ways in which the PABRT has felt stymied. Ms. Chang-Campbell noted that it was arising from a frustration in planning events with the community to engage in a fulsome and holistic way, and not being able to access allocated resources. She noted that the barriers can equate to less engagement, and further added that there has been a loss of 25% of the Taskforce. 7.3 Elena Walmsley Re: Report PLN-33-21 City Initiated: Official Plan and Zoning By-law Amendment Infill and Replacement Housing in Established Neighbourhoods Recommended Amendment 40 to the Pickering Official Plan Recommended Informational Revision 28 to the Pickering Official Plan Recommended Draft Zoning By-law Amendments Revised Urban Design Guidelines Files: OPA 20-006/P and A 11/20 Elena Walmsley, 784 Oliva Street, joined the electronic meeting via audio connection and spoke to Report PLN 33-21. She reiterated her comments at the September 13th Planning and Development Committee where she urged the Committee to extend the boundary of the Study to include all of the West Shore area south of the 401. She spoke to her experience attending an Ontario Land Tribunal Hearing with regards to a Committee of Adjustment matter, where her appeal lost due to the fact that the subject property was outside of the defined area that the guidelines of the Study applied to. Ms. Walmsley stated that there would now be a very large home built in the area which would significantly impact the character of the community and stated that she would like to see this prevented from happening again in the future. 7.4 Lori Matorcevic Re: Report PLN-33-21 City Initiated: Official Plan and Zoning By-law Amendment Infill and Replacement Housing in Established Neighbourhoods - 4 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm Recommended Amendment 40 to the Pickering Official Plan Recommended Informational Revision 28 to the Pickering Official Plan Recommended Draft Zoning By-law Amendments Revised Urban Design Guidelines Files: OPA 20-006/P and A 11/20 Lori Matorcevic, 782 Oliva Street, joined the electronic meeting via audio connection and spoke to Report PLN 33-21. She stated that she had spoken at the Planning & development Committee meeting on September 13th where she urged Council to extend the boundaries of the Study. She spoke to her experience in opposing a Committee of Adjustment decision that was favourable to the builder, which recently lost at the Ontario Land Tribunal. Ms. Matorcevic noted that development should occur adhering to the existing setback and height requirements to limit impacts on community character. She spoke of the importance of community character, and that the Infill and Replacement Housing in Established Neighborhoods Study is evolving, however new residents have more input on the infill and replacement housing in established neighbourhoods than existing longtime residents. 7.5 Adam Layton, Partner, Evans Planning Inc. Re: Report PLN-33-21 City Initiated: Official Plan and Zoning By-law Amendment Infill and Replacement Housing in Established Neighbourhoods Recommended Amendment 40 to the Pickering Official Plan Recommended Informational Revision 28 to the Pickering Official Plan Recommended Draft Zoning By-law Amendments Revised Urban Design Guidelines Files: OPA 20-006/P and A 11/20 Adam Layton, Partner, Evans Planning Inc., joined the electronic meeting via audio connection and spoke to Report PLN 33-21. He stated that positive discussions have taken place since the September 13th Planning and Development Committee meeting, and that some progress had been made, however his client, Centreville Homes (Pickering) Inc. continued to have concerns. He requested that Council defer the decision on the Infill and Replacement Housing in Established Neighbourhoods to arrive at a mutually beneficial arrangement on the matter. 7.6 Dana Saccoccio Re: Report PLN-33-21 City Initiated: Official Plan and Zoning By-law Amendment Infill and Replacement Housing in Established Neighbourhoods Recommended Amendment 40 to the Pickering Official Plan - 5 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm Recommended Informational Revision 28 to the Pickering Official Plan Recommended Draft Zoning By-law Amendments Revised Urban Design Guidelines Files: OPA 20-006/P and A 11/20 Dana Saccoccio, 417 Woodgrange Avenue, joined the electronic meeting via audio connection and spoke in opposition to Report PLN 33-21. She stated that she had reviewed the Memo and Planning & Development Committee minutes and that there was still a lack of numeric and measurable criteria for side and rear- yard setbacks as it related to maximum dwelling depth. She raised questions and spoke to interactions with staff for clarification on impacts regarding the side yard of an adjacent property, the parent by-law compliance, and how the urban design guideline checklist needs to be adhered to consistently and objectively in designing a new dwelling. She expressed concerns regarding compliance and the documents required for a building permit, and its impact on the inherent potential inequities built into the proposed By-laws. Ms. Sacccoccio asked Council to not adopt specific provisions of the proposed by-laws, and that due to the complexities of the revisions to the by-laws, more engagement and education needed to occur to serve the best interests of their constituents. Ms. Sacccoccio further inquired about the intent and need of the maximum dwelling depth and its impacts on lot coverage. 7.7 Carlie Weppler Re: Report PLN-33-21 City Initiated: Official Plan and Zoning By-law Amendment Infill and Replacement Housing in Established Neighbourhoods Recommended Amendment 40 to the Pickering Official Plan Recommended Informational Revision 28 to the Pickering Official Plan Recommended Draft Zoning By-law Amendments Revised Urban Design Guidelines Files: OPA 20-006/P and A 11/20 Carlie Weppler, Pickering Resident, joined the electronic meeting via audio connection and spoke in opposition to Report PLN 33-21. She urged Council to not approve the Infill and Replacement Housing in Established Neighbourhoods. Ms. Weppler noted that regulations needed to be empirically measured and look to the future needs of Pickering residents, not the past. Ms. Weppler added that unless setback requirements are measurable and consistent for all individual property owners, it cannot generate an equitable outcome for the property owners within the same Established Neighbourhood Precinct. She asked how side yard setbacks would be determined and addressed the tone and language used to describe larger dwellings. Ms. Weppler stated larger houses are someone’s home, that residents have worked hard for, and that they do not deserve to have their homes described as something that destroyed the community. She stated that community character is not made by buildings, but rather people, and urged - 6 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm Council to reject the proposal and implement policies that can be applied equitably. 8. Correspondence 8.1 Corr. 37-21 Elena Walmsley and Lori Matorcevic Re: Changes to the Building Permit Processes Resolution # 666/21 Moved by Councillor Brenner Seconded by Councillor Ashe 1. That Corr. 37-21, from Elena Walmsley and Lori Matorcevic, dated July 26, 2021, regarding the Changes to the Building Permit Processes, be received; and, 2. That direction be given for the correspondence be reviewed by the designated Building Official and report back to Council no later than the November Council Meeting on steps that can be taken as conditions for the issuance of (a) Building Permits and (b) Demolition Permits. Carried 8.2 Corr. 38-21 John Henry, Regional Chair and CEO The Regional Municipality of Durham Re: Support for Communities to Address Homelessness and Illegal Activity Brief discussion ensued regarding a dialogue with proponents regarding a property to alleviate homelessness. Kyle Bentley, Director, City Development & CBO, advised that constructive dialogue occurred early in the year, and that there had not been any further advancements at this time. He advised that staff would follow up on the status to help advance efforts. Resolution # 667/21 Moved by Councillor Cumming Seconded by Councillor Ashe 1. That Corr. 38-21, from John Henry, Regional Chair and CEO, the Regional Municipality of Durham, dated August 16, 2021, regarding the Support for - 7 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm Communities to Address Homelessness and Illegal Activity, be endorsed; and, 2. That a copy of this Resolution be forwarded to The Honourable Justin Trudeau, Prime Minister of Canada, The Honourable Erin O’Toole, Leader of the Conservative Party of Canada, Jagmeet Singh, Leader of the New Democratic Party, the Regional Municipality of Durham, and all Durham Region MP’s. Carried 8.3 Corr. 39-21 John Henry, Regional Chair and CEO, The Regional Municipality of Durham Dan Carter, Mayor, City of Oshawa Re: Support for Communities to Address Homelessness and Illegal Activity Resolution # 668/21 Moved by Councillor Cumming Seconded by Councillor Ashe 1. That Corr. 39-21, from John Henry, Regional Chair and CEO, the Regional Municipality of Durham, and Dan Carter, Mayor, City of Oshawa, dated August 20, 2021, regarding the Support for Communities to Address Homelessness and Illegal Activity, be endorsed; and, 2. That a copy of this Resolution be forwarded to The Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Minister of Health, The Honourable Steve Clark, Minister of Municipal Affairs and Housing, The Honourable Doug Downey, Attorney General, Durham Regional Council, and all Durham Region MPP’s. Carried 8.4 Corr. 40-21 Kathryn Douglas, Legislative Specialist Town of Whitby Re: OHIP Covered Eye Care Fees Brief discussion ensued regarding the critical situation and difficulty of obtaining eye care that was not covered through OHIP. Resolution # 669/21 Moved by Councillor Cumming - 8 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm Seconded by Councillor Ashe 1. That Corr. 40-21, from Kathryn Douglas, Legislative Specialist, Town of Whitby, dated August 25, 2021, regarding the OHIP Covered Eye Care Fees, be endorsed; and, 2. That a copy of this Resolution be forwarded to The Honourable Doug Ford, Premier of Ontario, The Honourable Christine Elliott, Minister of Health, and The Honourable Peter Bethlenfalvy, Minister of Finance. Carried Unanimously On a Recorded Vote 8.5 Corr. 41-21 Kyle Bentley, Director, City Development & CBO City of Pickering Re: Envision Durham – Region-wide Growth Analysis Technical Report Discussion ensued regarding how the comments contained in Corr. 41-21 were provided to the Durham Region with Kyle Bentley, Director, City Development & CBO, advising that given the restrictive timeframes, and the technical nature of the comments, staff had provided comments to the Region on August 11, 2021 and that there were essentially the same as the comments included in Corr. 41-21. Resolution # 670/21 Moved by Councillor Cumming Seconded by Councillor Ashe That Corr. 41-21, from Kyle Bentley, Director, City Development & CBO, City of Pickering, dated September 2, 2021, regarding the Envision Durham – Region-wide Growth Analysis Technical Report, be received for information. Carried Later in the Meeting (See Following Motion) Resolution # 671/21 Moved by Councillor Pickles Seconded by Councillor Ashe That the main motion be amended to read as follows: That Corr. 41-21, from Kyle Bentley, Director, City Development & CBO, City of Pickering, dated September 2, 2021, regarding the Envision Durham – Region-wide Growth Analysis Technical Report, be endorsed and a copy be forwarded to the Region of Durham. - 9 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm Carried The Main Motion, as amended, was then Carried. 8.6 Corr. 42-21 Steve Clark, Minister of Municipal Affairs and Housing Re: Site Plan Control Guide Resolution # 672/21 Moved by Councillor Cumming Seconded by Councillor Ashe 1. That Corr. 42-21, from Steve Clark, Minister of Municipal Affairs and Housing, dated September 9, 2021, regarding the Site Plan Control Guide, be received; and, 2. That Corr. 42-21 be referred to the Site Plan Control Committee and relevant Planning staff, with direction to review the Site Plan Control Guide and report back to Council with recommendations pertaining to any changes/enhancements that may be required in the Site Plan review process, no later than the January meeting of Council. Carried 8.7 Corr. 43-21 Jaclyn San Antonio, Senior Advisor, Equity, Diversity & Inclusion, City of Pickering Clara Addo-Bekoe, Manager, People & Culture, Pickering Public Library Re: Pickering Anti-Black Racism Taskforce (PABRT) 2021 Quarterly Update and Work Plan Resolution # 673/21 Moved by Councillor Cumming Seconded by Councillor Ashe That Corr. 43-21, from Jaclyn San Antonio, Senior Advisor, Equity, Diversity & Inclusion, City of Pickering, and Clara Addo-Bekoe, Manager, People & Culture, Pickering Public Library, dated September 17, 2021, regarding the Pickering Anti- Black Racism Taskforce (PABRT) -2021 Quarterly Update and Work Plan, be received for information. Carried - 10 - 9. 9.1 9.2 9.3 Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm Report EC 07-21 of the Executive Committee held on September 13, 2021 Director, Corporate Services and City Solicitor, Report CLK 04-21 2022 Committee and Council Meeting Schedule Council Decision: 1. That the 2022 Committee and Council Meeting Schedule appended as Attachment No. 1 to Report CLK 04-21 be approved; and, 2. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Director, Community Services, Report CS 30-21 COVID-19 Testing and Assessment Centre Fee waiver request for the O’Brien Room at Chestnut Hill Developments Recreation Complex Council Decision: 1. That the O’Brien Rooms and associated support spaces (as outlined in Attachment 1), located at the Chestnut Hill Developments Recreation Complex, be provided at no charge for the period of October 1, 2021 through March 31, 2022 to Shayaa Clinics Inc. (as outlined in Attachment 2) for the operation of a COVID-19 Testing and Assessment Centre on behalf of Lakeridge Health; and, 2. That the appropriate officials of the City of Pickering be authorized to take necessary actions as indicated in this report. Director, Engineering Services, Report ENG 21-21 Beachfront Park Rehabilitation & Needs Assessment Public Engagement Process Status Update Council Decision: 1. That Report ENG 21-21 regarding the Public Engagement Process Status Update for Beachfront Park, as a follow-up to Report ENG 04-21 and in response to Resolution #543/21, be received for information; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. - 11 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm 9.4 Director, Engineering Services, Report ENG 22-21 Amendments to Traffic and Parking By-law 6604/05 Stopping and Parking Restrictions on Various Streets Council Decision: 1. That the attached draft by-law be enacted to amend Schedule “1”, No Stopping, and Schedule “2”, No Parking, to By-law 6604/05 to provide for the regulation of stopping and parking on highways or parts of highways under the jurisdiction of The Corporation of the City of Pickering. The amendments specifically provide for the inclusion of stopping restrictions on Glengrove Road by Glengrove Public School, and parking restrictions on Frisco Road, Forestream Trail, Pine Heights Trail, Old Whites Trail; William Jackson Drive, and The Esplanade North; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.5 Director, Human Resources, Report HUR 03-21 Terms & Conditions of Employment – Non-union Employees Policy Council Decision: 1. That Report HUR 03-21, regarding a proposed new Policy for the Terms & Conditions of Employment – Non-union Employees, be received; 2. That the draft Policy, outlining the Terms & Conditions of Employment – Non-union Employees appended as Attachment #1 to HUR 03-21, be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 9.6 Director, Operations, Report OPS 03-21 Quotation No. Q2021-12 Supply & Delivery of Sidewalk Tractors with Attachments Council Decision: 1. That Quotation No. Q2021-12 submitted by Amaco Construction Equipment Inc., in the amount of $514,374.87 (HST included) be accepted; 2. That the total gross quotation cost of $561,367.00 (HST included) and the total net project cost of $505,528.00 (net of HST rebate) be approved; - 12 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost of $505,528.00 as follows: a) The sum of $168,510.00 as approved in the 2020 Property Maintenance Capital Budget by a transfer from the Development Charges Reserve Funds – Other Services Related to a Highway; b) The sum of $337,018.00 as approved funds in the 2021 Property Maintenance Capital Budget by a transfer from the Major Equipment Reserve; and, 4. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Resolution # 674/21 Moved by Councillor Brenner Seconded by Councillor Ashe That Report EC 07-21 of the Executive Committee Meeting held on September 13, 2021 be adopted. Carried 10. Report PD 07-21 of the Planning & Development Committee held on September 13, 2021 10.1 Director, Corporate Services & City Solicitor, Report LEG 13-21 Louisville Homes Limited – Plan of Subdivision 40M-2399 -Final Assumption of Plan of Subdivision -Lots 1 to 23 and Blocks 24 to 34, Plan 40M-2399 -File: 40M-2399 Council Decision: 1. That works and services required by the Subdivision Agreement within Plan 40M-2399, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 2. That Louisville Homes Limited be released from the provisions of the Subdivision Agreement and any amendments thereto relating to Plan 40M- 2399; and, - 13 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm 3. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 10.2 Director, Corporate Services & City Solicitor, Report LEG 14-21 2047729 Ontario Inc. – Plan of Subdivision 40M-2328 -Final Assumption of Plan of Subdivision -Municipal works on Altona Road adjacent to Block 1, Plan 40M-2328 -File: 40M-2328 Council Decision: 1. That works and services required by the Subdivision Agreement within Altona Road, adjacent to or outside Plan 40M-2328, which are constructed, installed or located on lands dedicated to, or owned by the City, or on lands lying immediately adjacent thereto, including lands that are subject to easements transferred to the City, be accepted and assumed for maintenance; 2. That 2047729 Ontario Inc. be released from the provisions of the Subdivision Agreement and any amendments thereto relating to the works on Altona Road outside of Plan 40M-2328; and, 3. That the appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. 10.4 Director, City Development & CBO, Report PLN 34-21 The Municipal Comprehensive Review of the Durham Regional Official Plan: Proposed Regional Official Plan Amendment 2021-003 Policies and Delineations for Protected Major Transit Station Areas Council Decision: 1. That Council support in principle the Proposed Regional Official Plan Amendment: Policies and Delineations for Protected Major Transit Station Areas (ROPA 2021-003); and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. 10.5 Director, City Development & CBO, Report PLN 35-21 Zoning By-law Amendment Application A 11/19 Amberlea Creek Development Inc. 760 and 770 Kingston Road Council Decision: - 14 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm That Zoning By-law Amendment Application A 11/19, submitted by Amberlea Creek Developments Inc., to facilitate a residential condominium development consisting of 88 stacked townhouse units, be approved subject to the zoning provisions contained in Appendix I to Report PLN 35-21, and that staff be authorized to finalize and forward an implementing Zoning By-law Amendment to Council for enactment. Resolution # 675/21 Moved by Councillor Ashe Seconded by Councillor Brenner That Report PD 07-21 save and except Item 10.3, PLN 33-21,of the Planning & Development Committee Meeting held on September 13, 2021 be adopted. Carried 10.3 Director, City Development & CBO, Report PLN 33-21 City Initiated: Official Plan and Zoning By-law Amendment Infill and Replacement Housing in Established Neighbourhoods Recommended Amendment 40 to the Pickering Official Plan Recommended Informational Revision 28 to the Pickering Official Plan Recommended Draft Zoning By-law Amendments Revised Urban Design Guidelines Files: OPA 20-006/P and A 11/20 A question and answer period ensued between Members of Council and City Staff regarding: • the intent of staff to strike a balance between opposing viewpoints; • concerns regarding the rules, applicability, equity, and timing of the Study, • how the Study, although not perfect, was flexible and adjustable, and that rules needed to be put in place to stop the rush to build large homes and provide options for all residents; • the need for the Study to be a living document, with a built-in process; • clarity on design guidelines; • clarification on the lot coverage percentages, with staff confirming that lot depth restrictions will limit shadowing, and that many larger lots will give property owners large coverage with dwelling depth providing an additional limitation to the footprint; • the average size of lots in established neighbourhoods; • how there is a mechanism to examine exceptions through a minor variance process; - 15 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm • the rationale for the 9 metre maximum dwelling height, with Dean Jacobs, Manager, Policy & Geomatics, advising that there was public engagement, and a review of municipal best practices through stakeholder comments and a public engagement meeting where Council endorsed the 9 metre height; • the difficulty in finding a balance between property rights, and unintended circumstances and how many unique lots would test the recommendations in the Study; • confirmation that staff would monitor the Study, utilizing several tools, including the GIS Strategy, to gather meaningful data for a period of up to 12 months to start and that regular updates would be brought forward to Council; • how the benchmarks include several factors such as age of construction of the dwellings, construction impact, trends, established neighbourhood districts, and public engagement; • how housing trends change and impact resale value; • how height has not been a point of contention in the comments heard from the public; and, • consideration as to how communities change and evolve, and how the City will evolve in a flexible manner. Resolution #676/21 Moved by Councillor Ashe Seconded by Councillor Brenner 1. a) That Official Plan Amendment Application OPA 20-006/P, initiated by the City of Pickering, to add new policies to the Pickering Official Plan with regard to Infill and Replacement Housing in Established Neighbourhood Precinct areas, as set out in Appendix I to Report PLN 33-21, be approved; b) That the Draft By-law to adopt Official Plan Amendment 40 to the Pickering Official Plan, to add new policies to the Pickering Official Plan with regard to Infill and Replacement Housing in Established Neighbourhood Precinct areas, as set out in Appendix I to Report PLN 33-21, be finalized and forwarded to Council for enactment; 2. That Council adopt Informational Revision 28 to the Pickering Official Plan, to add a layer identifying the boundaries of Established Neighbourhood Precincts to the informational neighbourhood maps contained within Chapter 12 – Urban Neighbourhoods, of the Pickering Official Plan, as set out in Appendix Il to Report PLN 33-21; - 16 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm 3. That Zoning By-law Amendment Application A 11/20, initiated by the City of Pickering, to implement Official Plan Amendment 40, be approved, and that the Recommended Draft Zoning By-law Amendments as set out in Appendices lll, lV, and V to Report PLN 33-21 be finalized and forwarded to Council for enactment; and, 4. That Council adopt the Revised Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts, August 2021, as set out in Appendix Vl to Report PLN 33-21, which replaces the Urban Design Guidelines for Infill & Replacement Housing in Established Neighbourhood Precincts dated August 2020, adopted by Council on September 28, 2020 through Resolution #428/20. Carried Later in the Meeting (See Following Motion): Resolution #677/21 Moved by Councillor Cumming Seconded by Councillor Pickles That the main motion be amended by adding the following as a new Item 5, and the recommendation renumbered accordingly: That the maximum Dwelling Height be increased from 9 metres to 10 metres. Carried on a recorded Vote as Follows: Yes No Councillor Ashe Councillor Brenner Councillor Cumming Councillor McLean Councillor Pickles Councillor Butt Mayor Ryan The Main Motion, as amended, was then Carried on a Recorded Vote as Follows: Yes No Councillor Brenner Councillor Ashe Councillor Butt Councillor Cumming Councillor McLean Councillor Pickles Mayor Ryan 11. Reports – New and Unfinished Business - 17 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm 11.1 Director, Corporate Services & City Solicitor, Report CLK 05-21 2022 Pre-Budget Approval and Award of RFP2021-6 for Integrated Voting Solution Resolution # 678/21 Moved by Councillor Brenner Seconded by Councillor Cumming 1. That Report CLK 05-21, regarding a Request for Proposal for an Integrated Voting Solution for the 2022 Municipal and School Board Elections, be received; 2. That the proposal submitted by Dominion Voting Systems Corporation, in the amount of $246,667.70 (HST included), and a net project cost of $222,132.00 (net of HST rebate), to provide an integrated internet and paper ballot election voting method for the Municipal and School Board Elections for a period of 5 years, be accepted; 3. That Council authorize the Director, Finance & Treasurer, to finance the net project cost of $222,132.00 by a transfer from the Election Reserve; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 11.2 Director, Community Services, Report CS 32-21 Ontario Trillium Foundation Community Building Fund – Capital Stream Application -Chestnut Hill Developments Recreation Complex Facilities Renovations Resolution # 679/21 Moved by Councillor Cumming Seconded by Councillor Pickles 1. That staff be directed, through the Chief Administrative Officer, to submit an application under the Ontario Trillium Foundation (OTF) Community Building Fund – Capital Stream application for projects outlined in this report; - 18 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm 2. That if the City is successful in obtaining the grant funding, the Treasurer be authorized to fund the City contribution of $107,400 from a transfer from the Rate Stabilization Reserve; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Carried 11.3 Director, Human Resources, Report HUR 04-21 Occupational Health & Safety Policy Resolution # 680/21 Moved by Councillor Butt Seconded by Councillor Pickles 1. That Report HUR 04-21, regarding a proposed new Occupational Health & Safety Policy, be received; 2. That the draft Occupational Health & Safety Policy appended as Attachment 1 to HUR 04-21, be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 11.4 Director, Corporate Services & City Solicitor, Report LEG 15-21 Automatic Speed Enforcement (ASE) Prosecutions -General Retainer Agreement -Prosecution Services with the Region of Durham Discussion ensued on the need to ensure Council is advised when the two speed enforcement cameras are rotated through the 13 community safety zones. Resolution # 681/21 Moved by Councillor Brenner Seconded by Councillor Pickles 1. That the attached General Retainer Agreement for Prosecution Services between The Corporation of the City of Pickering and The Regional Municipality of Durham be approved (Attachment No. 1 to this Report); - 19 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm 2. That the Mayor and City Clerk be authorized to execute said General Retainer Agreement for Prosecution Services, subject to minor revisions agreeable to the Director, Corporate Services & City Solicitor; and, 3. That appropriate City of Pickering officials be authorized to take the actions necessary to implement the recommendations in this report. Carried 11.5 Director, City Developments & CBO, Report PLN 37-21 Award of RFP2021-4 for the GIS Strategy Resolution # 682/20 Moved by Councillor Cumming Seconded by Councillor Brenner 1. That the proposal submitted by Geographic Technologies Group, dated August 3, 2021, to prepare a GIS Strategy for the City of Pickering in the amount of $98,740.53 (including HST) be accepted, utilizing the City funding identified for this project in the approved 2021 Current Budget for the City Development Department, Consulting & Professional, GIS Corporate Strategic Plan – Phase 1 of 2, and Professional/Technical Assistance (General/Urban Design/Heritage) (new account number 502230.10105); 2. That the total gross project cost of $98,740.53 (HST included), with a total net project cost of $88,919.00 (inclusive of HST rebate) be approved; 3. That Council authorize the Director, Finance & Treasurer to finance the net project cost as follows: a. The sum of $45,750.00 as provided for in the 2021 Current Budget Planning & Design to be funded from property taxes; b. The sum of $29,250.00 as provided for in the 2021 Current Budget Planning & Design to be funded by a transfer from the Development Charges Reserve Fund – Growth Related Studies; c. The additional sum of $8,491.00 to be funded from property taxes, from the unused portion of the $50,000.00 identified in the 2021 Current Budget Planning & Design from Professional/Technical Assistance (General/Urban Design/Heritage); and, - 20 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm d. The additional sum of $5,428.00 to be funded by a transfer from the Development Charge Reserve Fund – Growth Related Studies; 4. That the appropriate City of Pickering staff be authorized to take the necessary actions as indicated in this report. Carried 11.6 Director, Finance & Treasurer, Report FIN 14-21 2020 Asset Management Plan Resolution # 683/21 Moved by Councillor Butt Seconded by Councillor Cumming 1. That the 2020 Asset Management Plan, set out in Attachment 1 to this report, be received for information; 2. That Council endorse, in principle, the use of the 2020 Asset Management Plan for financial planning purposes as it relates to the development of the Five Year financial plan; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report. Carried 12. Motions and Notice of Motions 12.1 National Day for Truth and Reconciliation (National Orange Shirt Day) Resolution # 684/21 Moved by Councillor Pickles Seconded by Councillor Ashe WHEREAS, the Truth and Reconciliation Commission released its final report on June 2, 2015, which included 94 Calls to Action to redress the legacy of residential schools and advance the process of Canadian reconciliation; And Whereas, the recent and growing accounts of unmarked graves across Canada have triggered intergenerational trauma for Indigenous Peoples and led to - 21 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm increased calls for all levels of government to address the recommendations in the TRC’s Calls to Action; And Whereas, all Canadians and all orders of government have a role to play in reconciliation, which has prompted the City of Pickering to establish the Indigenous Relationship Building Action Plan and the Indigenous Relationship Building Circle to prioritize public education around Indigenous histories, culture and worldviews; And Whereas, Recommendation #80 of the Truth and Reconciliation Commission called upon the federal government, in collaboration with Aboriginal peoples, to establish, as a statutory holiday, a National Day for Truth and Reconciliation to ensure that public commemoration of the history and legacy of residential schools remains a vital component of the reconciliation process; And Whereas, the Federal Government has announced September 30th, 2021, as the first National Day for Truth and Reconciliation (National Orange Shirt Day) and a statutory holiday; And Whereas, the City of Pickering is committed to advancing reconciliation with diverse Indigenous communities and extend reflection and engagements beyond the National Day for Truth and Reconciliation; Now therefore be it resolved that the Council of The Corporation of the City of Pickering: 1. Commit to recognizing September 30th, 2021, as the National Day for Truth and Reconciliation (National Orange Shirt Day) by sharing the stories of residential school survivors, their families, and communities; and, 2. Direct City staff to install a commemorative orange crosswalk at a prominent intersection in the Pickering Civic Centre precinct in honour of Survivors, their families and communities affected by the residential school system and in recognition of the ongoing impacts, intergenerational trauma and systemic injustices affecting Indigenous Peoples today -in consultation with Indigenous-led community organizations, residents and other relevant stakeholders. Carried Unanimously on a Recorded Vote 13. By-laws 13.1 By-law 7870/21 - 22 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm 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 13.6 By-law 7875/21 Being a by-law to change the ward boundaries in the City of Pickering. Resolution # 685/21 Moved by Councillor Butt Seconded by Councillor Pickles That By-law Numbers 7870/21 and 7875/21 be approved. Carried Discussion ensued regarding the deferral of the implementation date of By-laws 7871/21 through 7874/21, to provide for a transition period given the limits that would apply to homeowners. Paul Bigioni, Director of Corporate Services & City Solicitor, advised that Section 34 in the Planning Act is specific that zoning by-laws shall come into effect on the date of passage. He further added that delaying the date of implementation by six months may create a situation not contemplated in the Planning Act and create ambiguity on the timelines for when the appeal period commences. Resolution # 686/21 Moved by Councillor Ashe Seconded by Councillor Cumming That the effective date of April 1, 2022 be implemented for By-Laws 7871/21 through 7874/21. Motion Lost 13.2 By-law 7871/21 Being a by-law to adopt Amendment 40 to the Official Plan for the City of Pickering. (OPA 20-006/P) 13.3 By-law 7872/21 - 23 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm Being a By-law to amend Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham. (A 11/20) 13.4 By-law 7873/21 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. (A 11/20) 13.5 By-law 7874/21 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. (A 11/20) Resolution # 687/21 Moved by Councillor Cumming Seconded by Councillor Butt That By-law Numbers 7871/21 through 7874/21 be approved. Carried 14. Confidential Council – Public Report Mayor Ryan stated that prior to the Regular Council Meeting, an In-camera session was held at 6:30 p.m. in accordance with the provisions of the Municipal Act and Procedure By-law 7665/18 to consider a matter pertaining to the acquisition of land and to receive advice subject to solicitor-client privilege. 14.1 Director, Corporate Services & City Solicitor, Confidential Report LEG 12-21 Re: Proposed Purchases of 520 West Shore Boulevard and 501 Marksbury Road for Waterfront Trail System Resolution # 688/21 Moved by Councillor McLean Seconded by Councillor Brenner 1. That Council approve the acquisition of Lot 7 & Part Lot 8 Plan 270 being Parts 1, 2 and 3 Plan 40R22834 PIN 26311-0823 (LT) and Part Block C Plan 270 being Part 4 Plan 40R22834 PIN 26311-0832 (R), municipally known as 520 West Shore Boulevard; 2. That the Chief Administrative Officer be authorized to execute the Agreement of Purchase and Sale between The Corporation of the City of - 24 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm Pickering, as purchaser, and Marshall Homes (Copperfield) Ltd., as vendor, set out in Attachment No. 1, subject to such minor revisions as are satisfactory to the Chief Administrative Officer and Director, Corporate Services & City Solicitor; 3. That the Director, Corporate Services & City Solicitor be authorized to waive any conditions contained within the said Agreement of Purchase and Sale, and to execute on the City’s behalf any documents, instruments, transfers and agreements as may be necessary to complete the transaction; 4. That Council direct staff to complete the purchase, with the cost to be charged to account (5780.2103.6265) and the particulars of the purchase to be provided to Council publicly upon completion, and further that the Director, Finance & Treasurer be authorized to finance this project based upon the completion of the DC Update Study; and, 5. That appropriate City of Pickering officials be authorized to take the actions necessary to give effect to this report. Carried 15. Other Business 15.1 Councillor Ashe acknowledged that it was the fifth anniversary of the passing of former Councillor Rick Johnson, and noted the impact he had on the community and City Council. 16. Confirmation By-law By-law Number 7876/21 Councillor Pickles, seconded by Councillor Cumming moved for leave to introduce a By- law of the City of Pickering to confirm the proceedings of September 27, 2021. Carried 17. Adjournment Moved by Councillor Butt Seconded by Councillor Cumming That the meeting be adjourned. Carried - 25 - Council Meeting Minutes September 27, 2021 Electronic Meeting 7:00 pm The meeting adjourned at 9:37 pm. Dated this 27th of September, 2021. David Ryan, Mayor Susan Cassel, City Clerk - 26 - Executive Committee Meeting Minutes October 4,2021 Electronic Meeting – 2:00 pm Chair: Councillor Cumming Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean D. Pickles Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO S. Douglas-Murray -Director, Community Services B. Duffield -Director, Operations J. Eddy -Director, Human Resources J. Hagg -Fire Chief R. Holborn -Director, Engineering Services F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk R. Perera -Committee Coordinator 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Disclosure of Interest No disclosures of interest were noted. 3. Delegations There were no delegations. 4. Matters for Consideration 4.1 Director, Community Services , Report CS 18-21 City of Pickering Volunteer Program Update 1 - 27 - Executive Committee Meeting Minutes October 4,2021 Electronic Meeting – 2:00 pm Chair: Councillor Cumming -2020/2021 Activities A brief question and answer period ensued between Members of the Committee and Sarah Douglas-Murray, Director, Community Services, regarding whether the volunteer program was inclusive to all age groups, and whether there was a temporary snow removal service for seniors through the volunteer program. Sarah Douglas-Murray, Director, Community Services, noted that the Volunteer Program was inclusive to all age groups, and that temporary snow removal could be provided to seniors through the volunteer program by matching a youth volunteer to a senior based on geographic proximity. Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt 1. That Report CS 18-21, regarding the City of Pickering Volunteer Program Update, be received for information; and, 2. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.2 Director, Community Services , Report CS 31-21 2022 Community Festivals and Events -Approval of 2022 Events in Esplanade Park Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt 1. That Council authorize staff to issue a park permit for the use of Esplanade Park by Carea Community Health Centre on Tuesday, June 21, 2022 for National Indigenous Peoples Day, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 2. That Council authorize staff to issue a park permit for the use of Esplanade Park by Frederica Black Events on Saturday, July 16, 2022 for Brew & BBQ Fest on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 2 - 28 - Executive Committee Meeting Minutes October 4,2021 Electronic Meeting – 2:00 pm Chair: Councillor Cumming 3. That Council authorize staff to issue a park permit for the use of Esplanade Park by Canadian Food Truck Festivals from Friday, August 5 to Sunday, August 7, 2022 (inclusive) for Pickering Food Truck Festival, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; 4. That Council authorize staff to issue a park permit for the use of Esplanade Park by Indo-Canadian Cultural Association of Durham Inc. on Saturday, August 14, 2022 for Festival of India’s Heritage, on terms and conditions satisfactory to Director, Community Services and Chief Administrative Officer; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions as indicated in this report. Carried 4.3 Director, Human Resources, Report HUR 05-21 Recovery Plan -Post Pandemic Service Delivery Model Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt That Report HUR 05-21, regarding the City’s Recovery Plan – Post Pandemic Service Delivery Model, be received for information. Carried 5. Other Business 5.1 Councillor Brenner inquired about parking concerns on Rosebank Road North, abutting schools north of Stroud’s Lane, and whether parking could be provided on the west side as opposed to the east side of the road. Richard Holborn, Director, Engineering Services, stated that staff would follow up on the issues to see what action could be taken to address the parking concerns. 5.2 Councillor Brenner gave notice that he would be bringing forward a Notice of Motion regarding designating both Parkside Drive, abutting the Gandatsetiagon Public School, and Fairport Road, abutting Bonita Park, as Community Safety Zones. 3 - 29 - Executive Committee Meeting Minutes October 4,2021 Electronic Meeting – 2:00 pm Chair: Councillor Cumming 5.3 Councillor Brenner gave notice that he would be bringing forward a Motion for Reconsideration regarding Council Resolution # 677/21, pertaining to Report PLN 33-21, Infill and Replacement Housing in Established Neighbourhoods, adopted at the September 27, 2021 Council Meeting. A question and answer period ensued between Members of the Committee and Staff regarding: • clarification on the process and procedures surrounding a reconsideration motion; • the By-laws that were approved on September 27, 2021 for the Infill Housing in Established Neighbourhoods and the areas that the By-laws applied to; • whether Staff had any concerns with the By-laws and the potential challenges pertaining to enforcement and consistency due to certain City areas permitting a maximum dwelling height of 10 metres, while others permit a 9 metre maximum dwelling height requirement; and, • the possibility of implementing a 10 metre maximum dwelling height across the City to address concerns related to consistency. 6. Adjournment Moved by Councillor McLean Seconded by Councillor Butt That the meeting be adjourned. Carried The meeting adjourned at 2:17 pm. 4 - 30 - Planning & Development Committee Meeting Minutes October 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor McLean Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean D. Pickles Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO F. Jadoon -Director, Economic Development & Strategic Projects S. Cassel -City Clerk C. Rose -Chief Planner N. Surti -Manager, Development Review & Urban Design C. Morrison -Principal Planner, Development Review F. Chau -Planner II I. Lima - (Acting) Planner ll R. Perera -Committee Coordinator 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Disclosure of Interest No disclosures of interest were noted. 3. Statutory Public Meetings Councillor McLean, Chair, gave an outline of the requirements for a Statutory Public Meeting under the Planning Act. He outlined the notification process procedures and also noted that if a person or public body does not make oral or written submissions to the City before the By-law is passed, that person or public body are not entitled to appeal the decision of City Council to the Ontario Land Tribunal (OLT), and may not be entitled to be added as a party to the hearing unless, in the opinion of OLT, there are reasonable grounds to do so. 1 - 31 - Planning & Development Committee Meeting Minutes October 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor McLean Catherine Rose, Chief Planner, appeared before the Committee to act as facilitator for the Statutory Public Meeting portion of the meeting, explaining the process for discussion purposes as well as the order of speakers. 3.1 Information Report No. 14-21 Zoning By-law Amendment Application A 08/21 Tribute (Liverpool) Limited Part of Lots 23 and 24, Concession 1 (Northwest corner of Highway 401 and Liverpool Road) A statutory public meeting was held under the Planning Act, for the purpose of informing the public with respect to the above-noted application. Isabel Lima, (Acting) Planner II, provided the Committee with an overview of Zoning By-law Amendment Application A 08/21. Through the aid of a PowerPoint presentation, Ms. Lima outlined the subject lands, submitted site plan, and planning policy framework, noting that the purpose of the amendment was to permit the portion of lands for the future Walnut Lane extension to be included in the calculation of lot area. She added that the applicant was also requesting site- specific amendments to remove the minimum main wall stepback provision and to add a provision to permit stacked bicycle parking. Ms. Lima outlined the comments received for further review and consideration, and the next steps in the application process. Michael Testaguzza, Planner, The Biglieri Group Ltd., joined the electronic meeting via audio connection to provide an overview of Zoning By-law Amendment Application A 08/21. Mr. Testaguzza noted that a site plan application would be submitted in the future and that the purpose of the zoning by-law amendment application was to confirm the lot area. He further spoke to the subject site, planning policy context, the proposed Walnut Lane extension, and the required amendments. Mr. Testaguzza noted that, Mark Logna, Tribute (Liverpool) Limited, Ismet Medic, WSP (transportation), and Mansoor Kazerouni, Architect, IBI, were also connected to the electronic meeting via audio connection and were available for questions. A question and answer period ensued between Members of the Committee, Mr. Testaguzza, Mr. Logna, and Staff regarding: • whether Staff would explore ways to incorporate stacked bicycle parking into the City Centre by-law for future developments; 2 - 32 - Planning & Development Committee Meeting Minutes October 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor McLean • the zoning amendment application being a result of the planned Walnut Lane extension as the current zoning allows for the construction of the proposed towers; • confirmation that a certain portion of green space within the area remain untouched as required by Pine Creek Conservation Area and the Toronto Regional Conservation Authority (TRCA) and the applicant’s plan for the greenspace to the north of the site and whether this would be allocated for a public amenity space; • whether the proposed stacked bicycle parking would be available to nonresidents; • encouraging public transportation and making use of the walkability of the area for visitors by reducing the amount of automobile parking spaces available on site; • the Environmental Assessment currently being undertaken and the possibility of limiting the Walnut Lane extension to all methods of transportation except vehicles; • Walnut Lane serving as an access point to the subject site and the need to provide access to automobile traffic; • whether the applicant proposes to include affordable units; • the applicant previously conducting a study to construct a private road, the width and location of said private road, and whether the width of the private road was the same as the proposed Walnut Lane extension; • detailed design of the planned Walnut Lane extension in relation to width and cross sections and whether the road would be the same width along the entire route; • the effect of a private lane to the foot print of the proposed application in comparison to the effect of a public lane and impacts to the allowable Floor Space Index (FSI); • original intent for the Walnut Lane extension and the proposed extension adding value to the subject property; • whether a traffic study had been conducted for the area in relation to Walnut Lane extension; • whether notification of the public meeting was sent to residents North of Highway 2 or West of the Pickering Town Centre and whether comments received on the application were being monitored; and, • confirmation that monitoring of social media comments only applied to the City’s social media channels for public input and comments on planning applications and the best method of communicating to Staff regarding planning applications being through the City’s Website. 4. Delegations 3 - 33 - Planning & Development Committee Meeting Minutes October 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor McLean 4.1 Paula MacDonald Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) Paula MacDonald, 379 Rosebank Road, joined the electronic meeting via audio connection in opposition to Zoning By-law Amendment Application A 03/19. Ms. MacDonald noted that a petition in opposition to the proposed development had been submitted to the City. She discussed the proposed semi-detached homes being linked homes rather than semi-detached homes, the proposal in relation to the Infill and Replacement Housing Study, and concerns regarding the area becoming a high density area. Ms. MacDonald provided background of the previous application for the subject site submitted by Joshani Homes Ltd., and noted her frustration with the lack of response and accountability from the City. Ms. MacDonald raised further concerns regarding the lack of space for parking, and turning radius for garbage trucks and emergency vehicles, within the proposed cul de sac. Ms. MacDonald concluded her delegation by asking Members of the Committee to refuse the Zoning By-law Amendment application. 4.2 Stephanie Hoffe Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) Stephanie Hoffe, 593 Kimton Court, joined the electronic meeting via audio connection in opposition to Zoning By-law Amendment Application A 03/19. Ms. Hoffe noted that the proposal was not in alignment with the characteristics of the community, adding that the proposal is a high density application within a low density area. She added that at the 2019 public meeting, residents had stated that there was no regard for the charitable donation of homes built on Dunn Crescent to be used for the Joshani Homes proposal and spoke to existing water issues within the area. 4.3 Ryan Rowland Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) 4 - 34 - Planning & Development Committee Meeting Minutes October 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor McLean Ryan Rowland, 599 Kimton Court, joined the electronic meeting via audio connection in opposition to Zoning By-law Amendment Application A 03/19. Mr. Rowland noted that residents had submitted comments in writing and asked that the Committee take the comments into consideration. Mr. Rowland noted that the application does not match the character of the community and raised concerns regarding existing water issues in the subject area. He concluded his delegation by noting that he was in support of the comments raised by the previous delegations and asked that Members of the Committee take into consideration the comments and concerns raised by area residents and delegates. 4.4 Diane Seeley Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) Diane Seeley, 597 Nomad Road, joined the electronic meeting via audio connection in opposition to Zoning By-law Amendment Application A 03/19. Ms. Seeley noted that the application had previously gone before the Regional Land Severance Committee a number of times and discussed the history of the zoning amendment application. Ms. Seeley further spoke to concerns regarding lot elevation, loss of privacy, loss of property value, and drainage issues adding that City Staff had suggested the use of a catch basin and asked for a guarantee from the City that her property would not be flooded. Ms. Seeley also added that the proposed development does not align with the character of the community and concluded her delegation by asking the Committee to consider the noted issues. 4.5 Stephen Sheehy Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) Stephen Sheehy, 541 Rosebank Road, joined the electronic meeting via audio connection in support of Zoning By-law Amendment Application A 03/19. Mr. Sheehy noted that the proposal would maximize the space, and would be a positive perspective in relation to affordable housing. He further added that the proposal would not alter the character of the neighborhood, or the density of the area and concluded his delegation by noting that he was in support of the application provided that it meets the City’s zoning requirements. 5 - 35 - Planning & Development Committee Meeting Minutes October 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor McLean 4.6 Ashif Kassam Re: Report PLN 36-21 Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 Ashif Kassam withdrew his delegation request and was not connected to the electronic meeting. 4.7 Andre De Freitas Re: Report PLN 36-21 Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 Andre De Freitas, 993 Dragonfly Avenue, joined the electronic meeting via audio connection in opposition of the proposed Telecommunication Tower installations #71 and #72. He asked whether FONTUR had provided a submission of the company’s response to the City’s social responsibilities. Mr. De Freitas spoke to FONTUR’s mission statement and the definition of social responsibility noting that the company should be hesitant of submitting another application for telecommunication towers within the area. 4.8 Kiriga Konalingam Re: Report PLN 36-21 Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 Kiriga Konalingam, Pickering Resident, joined the electronic meeting via audio connection in opposition of the proposed Telecommunication Tower installations #71 and #72. Ms. Konalingam added that the installations do not support the well- being of families in the area, and raised concerns regarding the safety of the structures. Ms. Konalingam referred to Report PLN 36-21, and raised concerns regarding the close proximity of the TransUnion pipeline, located near Foxtail Green, to the proposed telecommunication tower #72. Ms. Konalingam questioned why it took the residents of Seaton to communicate with the stakeholders to reach out to FONTUR and the City of Pickering. She further questioned the reasoning 6 - 36 - Planning & Development Committee Meeting Minutes October 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor McLean for the raised concerns to not have been investigated prior to the submission of the application by FONTUR. 4.9 Sumaira Munir Re: Report PLN 36-21 Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 Sumaira Munir, 2720 Sapphire Drive, joined the electronic meeting via audio connection in opposition of the proposed Telecommunication Tower installations #71 and #72. Ms. Munir expressed her content with the staff recommendation included in report PLN 36-21, adding that the City followed a fair and efficient process. She added that while the process brought the community together, there were lessons to be learned from the process which included utilizing this application a reference for future proposals. Ms. Munir concluded her delegation by noting that applicants must conduct their due diligence when submitting applications and be transparent with the community in order for the required consultation to be conducted properly. 4.10 Dilux Parim Re: Report PLN 36-21 Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 Dilux Parim, 997 Dragonfly Avenue, joined the electronic meeting via audio connection in opposition of the proposed Telecommunication Tower installations #71 and #72. Mr. Parim stated that most comments were already raised by prior delegates and that there was miscommunication on social media channels that residents had to dispute. He further spoke to concerns regarding the proposed location for the proposed towers and safety concerns including fire hazards. Mr. Parim concluded his delegation by noting that the process was long and expressed his disappointment that the City did not conduct its research prior to the submission of the application. 4.11 Jennifer Van Schilt Re: Report PLN 36-21 Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 7 - 37 - Planning & Development Committee Meeting Minutes October 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor McLean Foxtail Green (1088P Foxtail Crescent) – Installation #72 Jennifer Van Schilt withdrew their delegation and did not connect to the electronic meeting. 4.12 Kajen Rajendran Re: Report PLN 36-21 Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 Kajen Rajendran withdrew his delegation and was not connected to the electronic meeting. 4.13 Nadhir Mohideen Re: Report PLN 36-21 Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 Nadhir Mohideen, 2527 Florentine Place, joined the electronic meeting via audio connection in opposition to the proposed Telecommunication Tower installations #71 and #72. He expressed concerns regarding the proposed tower installations, associated safety hazards, lack of discussion with developers that are still building in this community, and that if residents had known the towers were possible, it may have impacted their decision to purchase a home in this area. Mr. Mohideen stated that the research compiled by area residents was superior to the research compiled by FONTUR and the City. Mr. Mohideen asked whether the City anticipated another application from FONTUR for the Seaton Community or whether an alternate site had been located for the proposed installations. 4.14 Kajitha Kamal Re: Report PLN 36-21 Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 Kajitha Kamal did not connect to the electronic Committee Meeting to provide his delegation. 8 - 38 - Planning & Development Committee Meeting Minutes October 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor McLean 4.15 Nadezhda Romero Re: Report PLN 36-21 Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 Nadezhda Romero, Pickering Resident, joined the electronic meeting via audio connection in opposition to the proposed Telecommunication Tower installations #71 and #72. Ms. Romero stated that both the City and FONTUR had lacked due diligence in researching the proposed towers. She referred to a cell phone tower that had caught fire in March, and asked whether FONTUR would be able to submit another application within the same area. Ms. Romero concluded her delegation by noting that she was in support of Report PLN 36-21 and the objection of the tower installations. 4.16 Navi Kanagalingam Re: Report PLN 36-21 Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 Navi Kanagalingam, Pickering Resident, joined the electronic meeting via audio connection in opposition to the proposed Telecommunication Tower installations #71 and #72. Mr. Kanagalingama stated that he was a realtor and that people do not wish to reside in close proximity to a cell phone tower. 4.17 Janet Weller Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) Janet Weller, 641 Dunn Cres, joined the meeting via audio connection in opposition to Zoning By-law Amendment Application A 03/19. Ms. Weller noted that the proposed development would hinder the character of the community, and referred to a letter dated December 15, 2020 from Joshani Homes Ltd. which stated four units were needed to justify the costs of construction. Ms. Weller raised concerns regarding traffic and water issues and noted that the proposed development would not provide affordable housing. Ms. Weller further asked whether any effort was undertaken to investigate the impact to federal or 9 - 39 - Planning & Development Committee Meeting Minutes October 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor McLean provincial migratory bird conservatory acts of 1994 adding that protected migratory birds nested in the area. She concluded her delegation by stating this proposal was not fair or equitable. 4.18 John Lambert, Benchmark PDM Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) John Lambert, Benchmark PDM, did not connect to the electronic Committee Meeting to provide his delegation. 4.19 Rick Bruynson, R.W. Bruynson INC. Re: Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) Rick Bruynson, R.W. Bruynson INC., joined the electronic meeting via audio connection on behalf of Joshani Homes Ltd. Mr. Bruynson discussed the history of the application noting that the applicant had worked with the City’s Engineering Services and City Development Department to create a final concept plan for the rezoning application. He added that certain plans were near completion with the understanding that revisions may be a condition of severance from the Land Division Committee. He noted that special attention was given to the road extension and grading to ensure that there would be no significant impact to surrounding properties, and noted that the development would add to the efforts to create affordable housing. A brief question and answer period ensued between Members of the Committee and Mr. Bruynson regarding: • the threshold for affordable housing within Durham region and Pickering and whether the proposed semi-detached homes would be less expensive in comparison to detached housing; and, • the intended sale price for the proposed homes. 5. Planning & Development Reports 5.1 Director, City Development & CBO, Report PLN 36-21 10 - 40 - Planning & Development Committee Meeting Minutes October 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor McLean Proposed Telecommunication Tower Installations Bell Mobility Rick Johnson Memorial Park (2631P Sapphire Drive) – Installation #71 Foxtail Green (1088P Foxtail Crescent) – Installation #72 A question and answer period ensued between Members of the Committee and Staff regarding: • telecommunication towers being regulated by the Federal Government and the City’s role being to undertake a public consultation process and to take a position on the application; • clarification that the proposal was circulated to stakeholder agencies by the City and whether the applicant had consulted with the appropriate stakeholders; • public consultation taking place simultaneously with the agency consultation process; • whether FONTUR would be submitting a new application in another location close to the neighbourhood; and, • lack of awareness of planning processes within communities and ways to educate the public on planning processes going forward. Recommendation: Moved by Councillor Pickles Seconded by Councillor Butt 1. That Bell Mobility be advised that City Council objects to the proposal for a 20.0-metre high monopole telecommunication tower located at the Rick Johnson Memorial Park (2631P Sapphire Drive), based on the design and location of the proposal; and, 2. That Bell Mobility be advised that City Council objects to the proposal for a 20.0-metre high monopole telecommunication tower located at the Foxtail Green (1088P Foxtail Crescent), based on the design and location of the proposal. Carried Unanimously on a Recorded Vote 5.2 Director, City Development & CBO, Report PLN 38-21 Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Part of Lot 72, Plan 418, Now Part 2, 40R-30097 (Southerly end of Dunn Crescent) 11 - 41 - Planning & Development Committee Meeting Minutes October 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor McLean Discussion and a question and answer period ensued between Members of the Committee and Staff, regarding: • the proposed development not meeting the definition of affordable housing; • the definition of semi-detached housing as identified in the planning policy framework for the subject lands; • concerns regarding the report referencing Habitat for Humanity housing within the neighborhood as semi-detached housing in comparison to the proposed development; • the suggestion of utilizing the cul de sac for parking not being a viable solution to the noted parking concerns; • infrastructure within the community being dated and resulting in flooding and storm water management issues; • the proposed development not meeting the character of the community; • the applicant not doing their due diligence in consulting external agencies and carrying out positive consultations with the public; • comments noted by the City’s Planning Staff as included in the report PLN 38-21 and the possibility of losing control over the site plan should Council oppose the application and an appeal is submitted to the Ontario Land Tribunal (OLT); • whether staff had reviewed the detailed functioning drawings and the storm water management report and whether City Development and Engineering Staff were satisfied with its contents; • whether the proposed development would provide any positive impact on the existing drainage issues within the community; • whether Staff would be looking to resolve existing drainage and water issues in the area outside of the context of the application; • past instances where decisions of the Committee of Adjustment, opposing staff recommendations, were endorsed at the OLT, and City Staff not being well versed in the needs of the community in comparison to Members of Council who have direct communications with residents; • similar objections being presented for the Habitat for Humanity housing; • the applicant’s commitment to make changes to the proposal to ensure that it matched the character of the community; and, • whether the proposed development would create a precedent for future applications. Recommendation: Moved by Mayor Ryan Seconded by Councillor Cumming 12 - 42 - Planning & Development Committee Meeting Minutes October 4, 2021 Electronic Meeting – 7:00 pm Chair: Councillor McLean That Zoning By-law Amendment Application A 03/19, submitted by Joshani Homes Ltd., to permit 4 semi-detached dwellings units fronting onto the future southerly extension of Dunn Crescent, be approved, and that the draft Zoning By- law Amendment set out in Appendix I to Report PLN 38-21 be finalized and forwarded to Council. Carried on a Recorded Vote as Follows: Yes No Councillor Ashe Councillor Brenner Councillor Butt Councillor McLean Councillor Cumming Councillor Pickles Mayor Ryan 6. Other Business There was no other business. 7. Adjournment Moved by Councillor Ashe Seconded by Councillor Pickles That the meeting be adjourned. Carried The meeting adjourned at 9:42 pm. 13 - 43 - Special Council Meeting Minutes October 6, 2021 Electronic Meeting 3:30 pm Present: Mayor David Ryan Councillors: K. Ashe M. Brenner S. Butt I. Cumming B. McLean D. Pickles Also Present: M. Carpino -Chief Administrative Officer K. Bentley -Director, City Development & CBO P. Bigioni -Director, Corporate Services & City Solicitor F. Jadoon -Director, Economic Development & Strategic Projects S. Karwowski -Director, Finance & Treasurer S. Cassel -City Clerk C. Rose -Chief Planner M. Guinto -Division Head, Public Affairs & Corporate Communication R. Perera -Committee Coordinator 1. Roll Call The City Clerk certified that all Members of Council were present and participating electronically in accordance with By-law 7771/20. 2. Disclosure of Interest No disclosures of interest were noted. Resolution # 689/21 Moved by Councillor Cumming Seconded by Councillor Butt That Council move into closed session in accordance with the provisions of Section 239 (2) of the Municipal Act and Procedural By-law 7665/18, in that the matters to be discussed relate to advice that is subject to solicitor-client privilege, including communications necessary for that purpose. - 44 - Special Council Meeting Minutes October 6, 2021 Electronic Meeting 3:30 pm Carried 3. In Camera Matters 3.1 Verbal Update from the Director, Corporate Services & City Solicitor Re: Report LEG 17-21 City of Pickering Joint Venture Agreement with Dorsay (Pickering) Limited, Lakeridge Health Hospital Request for Proposal This portion of the meeting was closed to the public. Refer to the In Camera meeting minutes for further information. [City Clerk has custody and control of the In Camera minutes.] Resolution # 690/21 Moved by Councillor Pickles Seconded by Councillor Cumming That Council rise from the closed session. Carried Council took a brief pause to allow the livestream of the Meeting to be resumed. Mayor Ryan stated that during the closed portion of the meeting, Council received a verbal update and received advice subject to solicitor-client privilege from the City Solicitor and noted that no decisions had been made. 4. Delegations 4.1 Eileen Higdon Re: Report LEG 17-21 City of Pickering Joint Venture Agreement with Dorsay (Pickering) Limited, Lakeridge Health Hospital Request for Proposal Eileen Higdon, 852 Fairview Avenue, joined the electronic meeting via audio connection to speak to Report LEG 17-21. Ms. Higdon expressed concerns regarding a lack of respect given to the Region and the Town of Ajax in relation to the environmental impact of this project. She spoke to previous flooding during the opening of the Pickering Town Centre and the Developer being at fault. She added that there was a concern in paving the headwaters of the Carruthers Creek which could lead to damaging buildings and homes. She spoke to the need to work with the Region and the Town of Ajax in carrying out the Project. She also - 45 - Special Council Meeting Minutes October 6, 2021 Electronic Meeting 3:30 pm spoke to the challenges with conducting fundraising and community events to support a Hospital under the current restrictions and concluded her delegation by noting that the Community of Pickering was not in support of the initiative. 5. Matters for Consideration 5.1 Director, Corporate Services & City Solicitor, Report LEG 17-21 City of Pickering Joint Venture Agreement with Dorsay (Pickering) Limited, Lakeridge Health Hospital Request for Proposal Discussion and a question and answer period ensued between Members of Council and Staff regarding: • the Toronto Regional Conservative Authority (TRCA) and the Region of Durham approving the Carruthers Creek W atershed Plan and the Plan concluding that there were opportunities for development on the lands provided that storm water management mitigation methods were in place; • the City needing a Hospital in Pickering to meet the needs of its growing population; • Lakeridge Health Hospital, the Region of Durham, and other Durham municipalities having identified a need for an additional Hospital and the future hospital being an asset to all of Durham; • the City following procedure and process to proceed with time sensitive issues such as the Joint Venture Agreement; • concerns with section 3.3 (b) of the Agreement which states that the City would be responsible for related costs including studies and reports in creating the bid proposal and the particulars of the required studies and reports; • concerns with section 8.3 of the Agreement which speaks to compliance with the Planning Act, and whether this would result in the City working with Dorsay (Pickering) Limited to expedite the conformity of lands; • the purpose of section 8.3 of the Agreement being to ensure that should a land severance be needed through the Land Division Committee, to convey the lands from Dorsay (Pickering) Limited to Lakeridge Health, that the City would comply with the land severance; • section 8.3 not speaking to official plan amendments and the process to bring the lands to conformity being a part of a separate process with land use designations not needed at this time; • additional costs, beyond the costs already approved by Council, being required to have further Council approval; and, • developers contributing lands for public infrastructure being a normal process. - 46 - Special Council Meeting Minutes October 6, 2021 Electronic Meeting 3:30 pm Mayor Ryan noted that Recommendation Item 3, of Report LEG 17-21, was seeking authorization for the CAO to appoint two individuals to represent the City for the purposes of the Joint Venture agreement and stated that to this point, the Mayor and Fiaz Jadoon, Director, Economic Development & Strategic Projects, had been the representatives for this initiative, and asked whether there were any concerns from Members of Council to have them continue in this capacity. There were no concerns raised by Members of Council. Further discussion and a question and answer period ensued between Members of Council and Staff regarding: • the tight time constraints to submit the bid which resulted in the need to call this Special Meeting of Council; • the first submission of the bid proposal being required by Friday, October 8, 2021, and the requirement that the proponent have clear control over the lands which was accomplished through the Joint Venture Agreement; • addressing the misinformation and comments being disseminated through social media platforms and such information being detrimental to the work of the City; • the City’s Chief Planner being required to sign off on all reports being provided for the bid proposal; • the Carruthers Creek Watershed Plan not being a land use plan and that there was no intent to alter current creek channels; and, • the natural heritage system that currently exists within the lands being protected and utilized to bring about a holistic health approach. Resolution # 691/21 Moved by Councillor Pickles Seconded by Councillor Butt 1. That the attached Joint Venture Agreement between The Corporation of the City of Pickering and Dorsay (Pickering) Limited regarding the Lakeridge Health Hospital Proposal Call be approved (Attachment No. 1 to this Report); 2. That the Mayor and City Clerk be authorized to execute the said Joint Venture Agreement, subject to minor revisions agreeable to the Chief Administrative Officer and the Director, Corporate Services & City Solicitor; 3. That, pursuant to Paragraph 7.1(c) of the Joint Venture Agreement, the Chief Administrative Officer be authorized to appoint two individuals to represent the City for the purposes of the Joint Venture Agreement; and, - 47 - Special Council Meeting Minutes October 6, 2021 Electronic Meeting 3:30 pm 4. That appropriate City of Pickering officials be authorized to take the actions necessary to give effect to this report. Carried Unanimously on a Recorded Vote 5. Confirmation By-law By-law Number 7877/21 Councillor Brenner, seconded by Councillor Ashe moved for leave to introduce a by-law of the City of Pickering to confirm the proceedings of October 6, 2021. Carried 6. Adjournment Moved by Councillor Butt Seconded by Councillor Pickles That the meeting be adjourned. Carried The meeting adjourned at 4:23 pm Dated this 6th day of October, 2021. David Ryan, Mayor Susan Cassel, City Clerk - 48 - Corr. 48-21 Ministry of the Environment, Ministère de l'Environnement, Conservation and Parks de la Protection de la nature et des Parcs Office of the Minister Bureau du ministre 777 Bay Street, 5th Floor 777, rue Bay, 5e étage Toronto ON M7A 2J3 Toronto (Ontario) M7A 2J3 Tel.: 416-314-6790 Tél. : 416.314.6790 357-2021-3270 October 5, 2021 Dave Ryan Mayor, City of Pickering Email: mayor@pickering.ca Dear Mayor Ryan: I trust this letter finds you well. I am writing to you today to advise you that today our government will introduce legislation that, if enacted, would pause the Upper York Sewage Solutions environmental assessment application. While the regulatory process is paused, the government will establish an advisory panel (the “Advisory Panel”) to provide expert and up to date advice on options to address wastewater servicing capacity needs for the upper areas of York Region. Bill 5, the York Region Wastewater Act, 2021, is substantially the same as former Bill 306, which received First Reading June 2021 but died on the Order Paper when the Ontario Legislature was prorogued on September 3, 2021. While we recognize the need to improve infrastructure in the rapidly growing region, almost a decade has passed since the environmental assessment application for this project was submitted, and more information from technical and other experts is needed to better understand the changing environmental, social and financial implications of this proposal. It is expected that the membership of the Advisory Panel will be finalized in the coming weeks and will include persons who are expert in a variety of areas, including land-use planning and wastewater infrastructure. The Advisory Panel will provide objective advice to the government on: o The need and timing for additional sewage servicing capacity to accommodate forecasted population and development growth in the Upper York wastewater service area. o Alternatives to the Upper York Sewage Solutions Undertaking, including alternatives that would provide additional sewage capacity necessary to accommodate future population and development growth in both the Regional Municipality of York and the Regional Municipality of Durham. o The costs of developing and implementing the Upper York Sewage Solutions Undertaking and any alternatives. o The sustainability and efficiency of the Upper York Sewage Solutions Undertaking and any alternatives, including consideration of the use and optimization of existing wastewater services and the protection of human health and the environment. o And the feasibility and financial viability of the Upper York Sewage Solutions Undertaking and any alternatives. …2 - 49 - Mayor Ryan Page 2. In developing its advice, the Advisory Panel will seek your input and engage with First Nations and other key stakeholders. Sincerely, David Piccini Minister of the Environment, Conservation and Parks - 50 - Corr. 49-21 October 12, 2021 AMO Policy Update – Phase I Regulations of Conservation Authorities Act Released On Thursday, October 7th the Province filed three new regulations under the Conservation Authorities Act to implement the changes that were required by Bill 229, the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020. The three regulations are described below: 1. Mandatory Programs and Services (O. Reg 686/21): prescribes the mandatory programs and services conservation authorities (CAs) would be required to provide, including core watershed-based resource management strategies. The regulation comes into effect January 1, 2022. 2. Transition Plans and Agreements for Programs and Services (O. Reg 687/21): requires each CA to have a ‘transition plan’ that outlines the steps to be taken to develop an inventory of programs and services and to enter into agreements with participating municipalities to fund non-mandatory programs and services through municipal funding. It also establishes the transition period to enter into those agreements. The regulation came into effect on October 1, 2021. 3. Rules of Conduct in Conservation Areas (O. Reg 688/21): consolidates the current individual CA ‘Conservation Area’ regulations under S. 29 of the Conservation Authorities Act into one Minister’s regulation that regulates the public use of CA owned land. This regulation will come into effect when the unproclaimed provisions of Part VI and VII of the Conservation Authorities Act that deal with development permissions come into effect. AMO is pleased to see these regulations moving forward. Now that O.Reg 687/21 is in effect, municipal governments are encouraged to start having conversations with - 51 - the CA(s) in their area as soon as possible. This will ensure that CAs are aware of the municipal budget process, goals and timelines, and enable CAs to create a workplan by the end of 2021. More information on the specific changes and next steps will be provided by AMO in the coming weeks. AMO’s COVID-19 Resources page is being updated continually so you can find critical information in one place. Please send any of your municipally related pandemic questions to covid19@amo.on.ca. *Disclaimer: The Association of Municipalities of Ontario (AMO) is unable to provide any warranty regarding the accuracy or completeness of third-party submissions. Distribution of these items does not imply an endorsement of the views, information or services mentioned. Please consider the environment before printing this. Association of Municipalities of Ontario 200 University Ave. Suite 801,Toronto ON Canada M5H 3C6 To unsubscribe, please click here - 52 - Corr. 50-21 Town of Whitby 575 Rossland Road East, Whitby, ON L1N 2M8 905.430.4300 whitby.ca October 13, 2021 Via Email: Honourable Doug Ford Premier of Ontario premier@ontario.ca Lorne Coe M.P.P, Whitby lorne.coe@pc.ola.org Re: Provincial Funding for Municipal By-law Enforcement Costs related to Proof of Vaccination Policy Please be advised that at a meeting held on October 4, 2021, the Council of the Town of Whitby adopted the following as Resolution # 258-21: Whereas the Province enacted a proof of vaccination policy which took effect on September 22, 2021; and, Whereas on September 1, 2021 Premier Ford stated that By-law Officers may be responsible for enforcing issues of non-compliance for regulated businesses that fail or refuse to require proof of vaccination for their patrons; and, Whereas municipal By-law Officers have dedicated significant time and resources enforcing Provincial mandates and guidelines throughout the course of the COVID-19 pandemic, including enforcement of stay-at-home orders, all of which is outside of core municipal by-law enforcement responsibilities; and, Whereas costs for municipal By-law Of ficers are borne by residents and businesses in Whitby and not the Province; Now therefore, be it resolved: 1. That Council requests that the Province provide funding to local municipalities for municipal by-law enforcement costs related to issues of non-compliance as a result of the Province’s proof of vaccination policy; and, - 53 - 2. That the Clerk be directed to send a copy of this resolution to Premier Ford, M.P.P. Lorne Coe, and all Durham municipalities. Should you require further information, please do not hesitate to contact the Office of the Town Clerk at 905-430-4315. Kevin Narraway Manager of Legislative Services/Deputy Clerk Copy: C. Harris, Town Clerk – harrisc@whitby.ca N. Cooper, Director of Legislative and Information Services, Town of Ajax - clerks@ajax.ca D. Hunt, Clerk, Township of Brock -deena.hunt@brock.ca J. Gallagher, Municipal Clerk, Municipality of Clarington -clerks@clarington.net M. Medeiros, City Clerk, City of Oshawa -clerks@oshawa.ca S. Cassel, City Clerk, City of Pickering -clerks@pickering.ca B. Jamieson, Director of Corporate Services/Municipal Clerk, Township of Scugog -bjamieson@scugog.ca D. Leroux, Clerk, Township of Uxbridge -dleroux@town.uxbridge.on.ca - 54 -Page 2 of 2 1525 Cornwall Rd Un it 22 Oakv ille, ON L6J 0B2 + 1 289 291 6472 October 19, 2021 Hon. Caroline Mulroney Minister Ministry of Transportation minister.m to@ontario.ca Re: Modified Exhausts and Noisemakers Dear Minister Mulroney, I am writing to you on behalf o f the Good Roads Board of Directors who recently discussed the issue of modified exhausts and noisemakers. Municipal leaders across the province are hear ing from the ir residents that they are being disturbed by individ uals who mod ify t heir motor vehicles to outfit them with louder exhausts. Your government is aware of the issue and has taken prelimi nary action to tackle it. In 2018, the Better for People, Smarter for Business Act was passed. In it, was an amendment to the Highway Traffic Act. Section 75.1 made it an offence to both tamper wit h the emiss ions syst em of motor vehicles and sell tampering devices. Unfortunately, the section has not yet been p roclaimed and the noise and safety concerns remain an issue. The Good Roads Board of Directors passed a resolution asking that Section 75.1 be proclaimed as soo n as possible. There are additional measures which can be taken to address this issue. Some municipalities have specifically requested the prohibition of the sale of exhaust systems with the capability of exceeding 80 decibels. T here may be merit in adopt ing such an approach. Studies have shown that long or repeated exposure to sound at or above 85 decibels can cause hearing loss. The Good Roads Board of Directors passed a resolution asking that the viability of such a prohibition in the Province o f Ontario be investigated. If you would like to set u p a time to discuss this f urther, p lease don't hesitate to contact me. Sincerely, Dave Burton President, Good Roads cc: Town of AJax City of Ba r r ie Durham Region Halton Region Town of Mil t on C ity of Mississa uga Town of Oakvil le City of Oshawa City of Ottawa Peel Region City of Pickering C ity of T oronto en -c m -c 0 0 CJ Corr. 51-21 - 55 - Corr. 52-21 From: Nicole McNeill <Nicole.Mcneill@mpac.ca> Sent: Monday, October 18, 2021 12:16 PM To: Mayor Web Email <mayor@pickering.ca> Subject: MPAC: 2022 Provincial Municipal Levy Announcement Good afternoon Mayor Ryan, As the pandemic continues, the work of municipalities to keep our communities safe and healthy is as important as ever. We recognize that pandemic management and recovery is the foremost priority for the coming year, and at MPAC we’ve been working throughout 2021 to do everything we can to support our municipal partners. During this time of uncertainty, we have continued our work to control MPAC’s budget. We have also been working diligently to capture new assessment, which will bolster municipal revenues. Controlling costs: 2022 provincial municipal levy In recognition of the ongoing challenges of the pandemic, MPAC’s Board of Directors approved the 2022 operating budget with a total municipal levy increase of 0%. This is the second year in a row with no increase in the levy. MPAC has been working hard to control expenses. Despite increases to collectively bargained labour costs, we have managed costs in other areas, and have been able to apply savings from 2021 to maintain the budget at the current level. As always, the individual levy amount for municipal billing partners is determined by a formula based on our total costs, as well as the assessment base and number of properties within each municipality. MPAC remains committed to ensuring its services are delivered efficiently. As Ontario continues to move toward a pandemic exit it is expected that additional revenue from levies will be needed to support MPAC’s operations in upcoming years. However, MPAC is committed to providing cost stability to municipalities by carefully managing the level of future increases. Municipal billing partners can expect to receive more details about their individual 2022 levy in early December. Municipalities can contact their Account Manager with inquires in the interim. Supporting pandemic recovery: capturing new assessment We know that funding from new construction, additions and renovations provides a critical stream of new revenue for municipalities. We also know that as Ontarians were urged to “stay home” to limit the spread of COVID-19, many saw an opportunity to improve their homes. MPAC data shows that in 2020, residential building permits for home improvements jumped by 15% compared to the year before. The pandemic has presented challenges to MPAC’s efforts to capture this new assessment. However, by working with our municipal partners on innovations such as sharing electronic building plans, we have been able to continue capturing the value of Ontarians’ home improvements. - 56 - While the pandemic continues, there is much to be optimistic about—COVID-19 vaccines are an incredible tool that are putting us on the path to the post-pandemic future. As we go down that path, MPAC will continue to adapt as the situation changes, while providing the services that you rely on. Thank you for your work to guide our communities through a period of incredible challenges. Alan Spacek Chair, MPAC Board of Directors Nicole McNeill President and Chief Administrative Officer, MPAC - 57 - Corr. 53-21 Memo To: Mayor Ryan and October 13, 2021 Members of Council From: Sarah Douglas-Murray Director, Community Services Copy: Chief Administrative Officer City Clerk Manager, Cultural Services Conservator Subject: Request to Deaccession Artifacts at Pickering Museum Village -August 2021 Deaccession List File: A-1440 As per Section 5 of Deaccession of Artifacts Procedure CUL 010-001, Council is requested to approve the deaccession of artifacts (see attachments), as proposed by City staff and recommended by the Cultural Advisory Committee on September 21, 2021. This list is comprised of objects that are, for the most part, severely damaged. Their original context and purpose is unclear/lost and therefore they have no useful purpose in exhibitions, research or programs. For many of these pieces, the resources required to repair or restore the piece outweigh the benefits, and are represented by other pieces in better, more stable condition. Following approval from Council, Museum staff will follow ethical deaccession, disposal and documentation guidelines in accordance with the Pickering Museum Village Collections Development and Management Policy CUL 010 and the Deaccession of Artifacts Procedure CUL 010-001. SDM/jl Attachment: PMV Proposed Deaccession Items - August 2021, Council PMV Collections Development and Management Policy (CUL 010) Deaccession of Artifacts Procedure (CUL 010-001) - 58 - Artefact # Object Name Measurements Comments / Notes Photographs T453 Wagon Wheel 41" x 12" Dry rot, large crack in wheel well, spokes unstable, no metal rim T454 Wagon Wheel 52" x 13.5" Dry rot, large crack in wheel well, no metal rim around wheel, spokes unstable and have begun breaking/separating T459 Wagon Wheel 42" x 19" Badly rusted, wood rotted and broken, half the wood rim is missing, 1 spoke missing and 5 spokes broken. Wood is loose and falling out of metal rim. Pickering Museum Village August 2021 PMV Proposed Deaccessions - 59 -1 August 2021 X967.1.477 Wagon Wheel 44" x 9" Wood rotted and missing in one spot, two spokes free and others loose. Metal is rusted and slightly warped T460 Wagon Wheel 41.5" x 9" Wood rim is dry and rotted, splitting and separating away from the metal rim. Metal is all rusted and warped. Some of the spokes are damaged and have fallen out of the rim X967.1.627 Wagon Wheel 30" x 14" Wood is dry, cracked and rotted, wood rim is loose in metal rim, metals are heavily rusted. Wood flakes/breaks away when moved Pickering Museum Village - 60 -2 X967.1.410B Wagon Wheel 36" x 14" Dry rot, wood is cracked and loose in metal rim, three spokes are loose in wheel well. Wood is breaking/splitting and metals are rusted T461 Wagon Wheel 41" x 8" Wood dry and rotted, warping in frame. Metal is rusted and wood has begun cracking and splitting apart. Pickering Museum Village August 2021 - 61 -3 T464 Coal Bin 7 ' long x 2'3" wide x 2'6" tall Evidene of wood rot, bottom and one side are unstable and coming apart at edges. Placement near door, coal dust and kindling have caused moisture damage and discolouration to wood, making it soggy in some areas.Bottom of the coal bin dropped out at two ends and cracked in middle when cleaning out contents during Blacksmith Relocation move. Measurements have been taken for a replica to be built for new Blacksmith exhibit. Three pieces of farming equipment, all heavily Pallet 2 = rusted with broken/missing Plow, 70" x 23" x 40" Boneyard 5, parts, decayed and rotting Wheel, 35" x 18" BY 46, wood, burrow holes and Plow 80" x 15" x 35" BY-1 insect damage. Rust damage too severe, cannot find artefact numbers. Pickering Museum Village August 2021 - 62 -4 BY 6 = 17" x 17" x 28" BY 37 = 22" x 5" x 10" Collection of old farming Pallet 1 = BY 38 = 33" x ? X equipment, stacked Boneyard 6, 12" together on pallet. All Boneyard 8, Artefacts are BY 8 = 21" x 14" x pieces severely rusted, BY 38, unknown 12" broken and missing pieces, X971.1.12, pieces of X971.1.12 = 53" x decayed wood with insect BY36, farming 14" x 14" damage. Most artefacts are BY39, equipment. BY 39 = ?" x 14" x unknown, too rusted to find Boneyard 13, 1" artefact numbers, and too Boneyard 37 BY 36 = 22" x 5" x 15" broken or tangled to make accurate identification. BY 13 = 24" x 8" x 8" Pallet 74 = unknown item, no tag with identifying number. Assigned T465. Unknown, possibly grinder or some kind 25" x 25" x 40" Woode base of object is broken and rottin. Burrow holes and evidence of insect damage is also present on wood. Metal features are heavily rusted, also appear to be broken and incomplete. Pickering Museum Village August 2021 - 63 -5 Plow is in several pieces as metal has rusted and caused damage to hooks and other features. Wood is rotted Pallet 75 = and broken in several Plow 65" x 33" x 12" T26 pieces, evidence of insect damage. Wheels and hinge features badly rusted and no longer move as they are supposed to. T483 Iron Fence 7'3" x 2'5" Fence is severely rusted and rough to touch due to oxygination of iron. Metal pieces are missing/have broken off due to severity of rust. No documenation could be found on artefact, leaving it without any historical connection to Pickering. Pickering Museum Village August 2021 - 64 -6 - 65 - - 66 - - 67 - - 68 - - 69 - - 70 - - 71 - - 72 - - 73 - - 74 - - 75 - - 76 - - 77 - - 78 - - 79 - - 80 - - 81 - Report to Council Report Number: CAO 06-21 Date: October 25, 2021 From: Marisa Carpino Chief Administrative Officer Subject: myDurham 311 Project & Re-routing Request -File: A-3100-001 Recommendation: 1. That, as part of the myDurham 311 project, 311 calls made by residents, customers, and businesses within the City of Pickering telephone exchange be re-routed to the Region of Durham, subject to being revocable by the City on 60-days notice to the Region; 2. That to the City agree, in principle, to participate in Model 1 of the Municipal Models spectrum; 3. That the appropriate City of Pickering officials be authorized to take the necessary actions as indicated in this report; and, 4. The City Clerk forward a copy of Report Number CAO 06-21 to the Regional Municipality of Durham. Executive Summary: The Region of Durham has initiated the development of the myDurham 311 project with the overarching goal of modernizing the customer experience over a 36-month implementation period. The Region of Durham is moving forward with the implementation of a 311 service as the primary source of contact for all non-emergency information and service requests including issue reporting, issue status check and other related inquiries. This will be accomplished by enabling all Durham customers, whether they contact the Region by phone, in person or online, to seamlessly access the information and services they need when they require them. The program is set up to deliver: • A fully functional digital experience; • An omni-channel experience; • First point of contact resolution; • A single source of the truth; and, • A user intuitive customer portal. Through regional and municipal collaboration, the myDurham 311 project looks to develop a triage system that will resolve calls on the local municipalities’ behalf. - 82 - CAO 06-21 October 25, 2021 Subject: myDurham 311 Project & Re-routing Request Page 2 To achieve that end, a Service Durham working group has been formed with representation from Region of Durham, Town of Ajax, Brock Township, Clarington, City of Oshawa, City of Pickering, Township of Scugog, Township of Uxbridge and Town of Whitby. Meetings are held quarterly. At this time, the Region of Durham has requested that Service Durham working group members discuss the myDurham 311 project within their organization. Most notably, at this early stage of project development and implementation, the Region of Durham has requested area municipalities to agree that 311 calls made by residents, customers, and businesses within the City of Pickering telephone exchange be re-routed to the Region of Durham. Additionally, the Region of Durham has asked area municipalities to advise where on the Municipal Model Spectrum they intend to participate. myDurham 311 Municipalities service options on a 3-model system include: Model 1 – Self Service • Warm transfer all municipal inquiries (City-to-Region and Region-to-City) • Redirect to municipal website • Tag municipality in social media Model 2 – Partial Service • Service Durham Agent provides basic information from knowledge base • Service Durham Agent may take details and warm transfer • Information available on the self-service kiosk Model 3 – Full Service • Service Durham Agent receives and logs service requests in CRM (Customer Relationship Management System) • Process program registration, and simple purchases such as animal licenses • Service Durham Agent provides information from knowledge base (i.e. By-law information) At this time, City staff recommend that the City agree to re-route 311 calls to the Region of Durham, and commit to Model 1 of the Municipal Model Spectrum. The City of Pickering will continue its active participation in the Service Durham Community of Practice Municipal Working Group to follow the progress of the myDurham 311 project. Financial Implications: The recommendations of this report present no financial implications to the City. Discussion: The myDurham 311 project is ambitious in size, scope, and objective. Namely, the Region of Durham envisions it as a ‘one-stop’ portal for all Durham residents and businesses where they can access key information on the information and services most important to them. Essentially, it strives to be a mega hub of information for all Durham - 83 - CAO 06-21 October 25, 2021 Subject: myDurham 311 Project & Re-routing Request Page 3 municipalities providing seamless customer service whether it’s in person, over the phone, online, or email. To optimize success, however, the project would need to have the majority of municipal partners participating and more importantly have a robust, integrated, and seamless customer relationship management (CRM) system and processes in place. Currently, the City of Pickering has a very robust and effective Customer Care Centre program in place. The City of Pickering’s Customer Care Centre generates thousands of service requests each year in AMANDA 7 (leading software for digital government) and tracks the progress of each report to ensure the customer is kept apprised of the situation. If the City were to integrate with myDurham 311, it would have to ensure that this degree of tracking and follow up will be maintained. Otherwise, it could result in a decline in the established service levels and ultimately erode customer satisfaction. With respect to myDurham 311 ‘omni-channel’ experience, the Customer Care Centre is already set up to provide a “one call to City Hall” concept and offers multiple channels that Pickering residents can connect and engage with staff. These include in-person, telephone, website, email, Live-Chat, mobile app, and an after-hours call centre. At this time, myDurham 311 cannot provide an estimate of costs and/or cost sharing as it is still very much in the conceptual stage. As such, it would be difficult to commit to an enhanced level of integration without knowing the financial implications. That said, financial savings could be realized if the Region and all partner municipalities were to cost share an after-hours service provider. At this time, the Region has not selected a Customer Relations Management (CRM) platform. As such, it would be difficult to commit to an enhanced partnership with myDurham 311 without knowing whether the Region’s CRM will be compatible with the City’s robust and effective Customer Care Centre system. Staff recognize that one of the key advantages of myDurham and its 311 exchange is the provision and marketing of an easy-to-remember phone number for Durham residents to call in with their questions, complaints, and service requests. While this is a very compelling feature, it should be noted that the Customer Care Centre averages around 70,000 touchpoints with residents/customers each year. In 2020, there were 41,378 phone calls, 703 counter visits (artificially low due to COVID restrictions and closures), 21,093 Amanda interactions based on approximately 4,831 individual service requests, 533 Live Chats, 4,125 Customer Care web emails, 414 Pingstreet mobile app service requests, and 1,519 After Hours calls. Considering this data, it is clear that residents/customers do not have any difficulty in connecting with the Customer Care Centre using its existing communications infrastructure. Therefore, it is the recommendation of staff that the City remain open minded and amenable to a potential integration with myDurham 311, but withhold from fully committing until costing, CRM compatibility, and full implementation and testing of the Regional systems and processes have been resolved. - 84 - CAO 06-21 October 25, 2021 Subject: myDurham 311 Project & Re-routing Request Page 4 As a preliminary step, the City can lend its support to the project by agreeing to have all 311 calls made in Pickering be re-routed to the Region of Durham, subject to being revocable by the City on 60-days notice to the Region. Additionally, the City should agree, in principle, to participate in Model 1 of the Municipal Models Spectrum, which involves warm transfer of all municipal inquiries, redirecting queries to the respective municipal websites, and tagging municipalities in social media. This would require the execution of a Service Level Agreement between the City and the Region, which will be subject to the approval of Council. Attachment: 1. August 11, 2021 Durham Region 311 Letter of Request Prepared/Approved/Endorsed By: Original Signed By: Mark Guinto Division Head, Public Affairs & Corporate Communications MG:jh Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 85 - Attachment #1 to CAO 06-21 Sent via e-mail The Regional Municipality of Durham Office of the CAO 605 Rossland Rd. E. Level 5 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Fax: 905-668-5831 durham.ca Elaine Baxter-Trahair Chief Administrative Officer August 11, 2021 Marisa Carpino Chief Administrative Officer City of Pickering One The Esplanade Pickering, ON L1V 6K7 Dear Ms. Carpino: RE: Request for Resolution related to 311 calls using the City of Pickering Telephone Exchange Purpose: The Regional Municipality of Durham would like to request a resolution to allow 311 calls made by its customers, residents, and businesses within the City of Pickering telephone exchange to be re- routed to the appropriate zone (Durham Region) for a 311 number to be generated by Bell Canada. Overview: The Region of Durham is moving forward with the implementation of a 311 service as the primary source of contact for all non-emergency information and service requests including issue reporting, issue status check and other related inquiries. As advised by Bell Canada, the Bell exchange boundaries are not precisely in-line with the actual municipal boundaries. As shown in the attached map provided by Bell Canada, there is always a common overlap in terms of 311 call routing. This means that callers located between the Bell exchange boundaries for Durham Region and the City of Pickering who dial 311 can be erroneously connected to either municipal service centre. If you require this information in an accessible format, please call 1-800-372-1102 extension 2103 - 86 - The interim resolution will be for the Service Durham contact centre agent to immediately warm transfer the caller to the appropriate municipality. Conversely, calls erroneously connected to the City of Pickering would be warm transferred by the municipality to Durham Region. Also, in accordance with CRTC regulation, call routing arrangements will be negotiated and approved prior to implementation by impacted local municipalities, towns, counties, and cities based on the exchange boundaries. Therefore, it is recommended that the City of Pickering determine and provide a telephone number to re-direct all erroneous calls. Equally, if there are any erroneous calls in the overlap, meant for the Region of Durham, please forward those calls to: 906-668-7711 (toll- free 1-800-372-1102). Cost Implication: There is currently no cost implication for any of the impacted local municipalities, towns, counties, or cities. Recommendation for Resolution: That the council of the City of Pickering agree that there shall be no objection to the routing of 311 dialed calls originating from the overlap that exists between the City of Pickering and the geographical area of the Regional Municipality of Durham, on an understanding that where callers (customers, residents, and businesses) of the Region of Durham dial 311 erroneously from within these exchanges, they will be given an option of being transferred to the contact centre of the municipality, town or county in which they reside. An approval and sign-off document will be required from every town, county, or municipality to move forward with the Region’s 311 Implementation Initiative. We kindly request a response by October 1, 2021. Sincerely, Elaine Baxter-Trahair Chief Administrative Officer If you require this information in an accessible format, please call 1-800-372-1102 extension 2103 - 87 - See Appendix 1: Bell Exchange Boundary Area Map for 311 Coverage for the Region of Durham. Appendix 1 -Bell Exchange Boundary Area Map for 311 Coverage for the Region of Durham If you require this information in an accessible format, please call 1-800-372-1102 extension 2103 - 88 - Report to Council Report Number: CS 34-21 Date: October 25, 2021 From: Sarah Douglas-Murray Director, Community Services Subject: Canada Community Revitalization Fund – The Improvement of Pickering’s Esplanade Park -Grant Application Endorsement -File: A-1440 Recommendation: 1. That Pickering Council supports the application of The Improvement of Pickering’s Esplanade Park for the Federal Economic Development Agency for Southern Ontario (FEDASO), Canada Community Revitalization Fund (CCRF) for a total project cost of $340,500; 2. That staff be directed, through the Chief Administrative Officer, to submit an application under the FEDASO, CCRF to request $255,375 to fund the project outlined in this report; 3. That if grant funding be approved, that the Treasurer be authorized to fund the City contribution of $85,125 as follows: a) the sum of $55,125 by a transfer from the Public Art Reserve; b) the sum of $30,000 from property taxes; and, 4. That the appropriate City of Pickering officials be authorized to take the necessary action to give effect hereto. Executive Summary: The CCRF aims to help communities, towns and cities across Canada to build and improve community infrastructure projects so they can rebound from the effects of the COVID-19 pandemic, assist with community vitality, support social and economic cohesion and help reanimate communities. Regional development agencies across Canada are delivering $500 million over two years (2021- 2022 to 2022-2023) for community infrastructure projects, with the FEDASO delivering $144.7 million in Southern Ontario. Staff have reviewed the grant eligibility, criteria and outcomes and are recommending that an application be submitted for a community infrastructure improvement project at Esplanade Park. The proposed project cost is $340,500. The grant application would request $255,375. Assuming 75% project funding is approved, the city contribution would be $85,125 at 25%. - 89 - CS 34-21 October 25, 2021 Subject: Canada Community Revitalization Fund – Page 2 The Improvement of Pickering’s Esplanade Park Financial Implications: Estimated Project Cost Summary Description City Contribution Grant Contribution Total Project Cost Facility Construction/Renovation Equipment Installation Project Management Public Art * Staffing/Labour Park Design & Site Preparation Total 2022 2023 Current Current Budget Budget Total City $30,000 $25,125 $55,125 5,000 5,000 10,000 20,000 0 20,000 $55,000 $30,125 $85,125 $140,000 40,375 75,000 $ 255,375 $140,000 40,375 75,000 55,125 10,000 20,000 $340,500 ‘* To be funded from the Public Art Reserve Discussion: The CCRF aims to help communities, towns and cities across Canada to build and improve community infrastructure projects so they can rebound from the effects of the COVID-19 pandemic, assist with community vitality, support social and economic cohesion and help reanimate communities. Regional development agencies across Canada are delivering $500 million over two years (2021- 2022 to 2022-2023) for community infrastructure projects, with the FEDASO delivering $144.7 million in southern Ontario. The Fund supports not-for-profit organizations, municipalities and other community groups, as well as Indigenous communities to: • build new community infrastructure and revitalize existing assets; • bring people back to public spaces safely as health measures ease; and, • create jobs and stimulate local economies. The City of Pickering application included the following outputs: • Reinvent the outdoor space of Esplanade Park by developing a COVID-19 memorial permanent public art piece, and playable public art in the form of permanent outdoor musical instruments to create a mindfulness, meditation and music space in response to the impact of COVID-19 in our community. - 90 - CS 34-21 October 25, 2021 Subject: Canada Community Revitalization Fund – Page 3 The Improvement of Pickering’s Esplanade Park • The City will create green infrastructure with enhanced landscaping, plantings and expansion of the pollinator gardens in Esplanade Park that were created in Phase 1 of the Main Street project. • The City will increase accessibility of Esplanade Park with lighting, seating, electrical upgrades, public art and enhanced traffic controls into the park. The grant application process closed on July 23, 2021. City staff submitted an application for the Esplanade Park Improvement Project at that time. In September, City staff were contacted by the funder, and were informed that this application was still being considered. On September 20, 2021, the Development Officer from the Government of Canada requested that the City of Pickering provide a report from Council endorsing the City’s 25% financial commitment of $85,125. Attachment: 1. Updated Grant Application Prepared By: Approved/Endorsed By: Original Signed By: Original Signed By: Sarah Douglas-Murray Director, Community Services Stan Karwowski, MBA, CPA, CMA Director, Finance & Treasurer SDM:lg Recommended for the consideration of Pickering City Council Original Signed By: Marisa Carpino, M.A. Chief Administrative Officer - 91 - Attachment #1 to Report #CS 34-21 - 92 - - 93 - - 94 - - 95 - - 96 - - 97 - - 98 - - 99 - Report to Council Report Number: PLN 39-21 Date: October 25, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Two-year Period Exemption Request for Minor Variance Application P/CA 103/21 Universal City Six Developments Inc. 1496 Bayly Street Recommendation: 1. That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permits the Committee of Adjustment to consider Minor Variance Application P/CA 103/21 resulting from the further processing of the Site Plan application, submitted by Universal City Six Developments Inc., for lands municipally known as 1496 Bayly Street, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Executive Summary: This report recommends that Council adopt a resolution in accordance with Section 45 (1.4) of the Planning Act, as amended, permitting the Committee of Adjustment to consider Minor Variance Application P/CA 103/21, submitted by Universal City Six Developments Inc., owner of 1496 Bayly Street Road (see Location Map, Attachment #1). The site-specific Zoning By-law 7810/21, enacted by Council on January 25, 2021, permits a minimum building separation of 8.6 metres for a second-storey unit with primary windows. The provision requires the primary window of the second-storey unit to be no larger than 0.9 of a square metre and the lowest point of the window to be located a minimum of 1.8 metres from the floor. The applicant is requesting approval of a minor variance application to maintain the building separation of 8.6 metres for a second-storey unit with larger primary windows, so long as a 1.8-metre high privacy screen is located along the edge of the building between the primary windows and the adjacent building to which the primary window faces. The requested variance is in keeping with the general intent and purpose of the City Centre Neighbourhood Official Plan policies and the City Centre Zoning By-law 7553/17, as amended by By-law 7810/21. The requested variance is minor in nature and desirable for the proposed development, which creates a landmark gateway into Pickering's City Centre while mitigating issues related to privacy and overlook. For these reasons, staff recommend that Council grant the requested exemption. Financial Implications: No direct financial implications are arising from Council's adoption of the recommendation of this report. - 100 - Report PLN 39-21 October 25, 2021 Subject: Universal City Six Developments Inc. Page 2 1. Discussion Bill 73, the Smart Growth for Our Communities Act, 2015, amended the Planning Act by removing the ability for an applicant to apply for a minor variance for 2 years following the passing of an applicant-initiated zoning by-law amendment. However, the Planning Act changes also permit a municipal Council to allow minor variance applications to proceed on a case-by-case basis by Council resolution. The Province indicated that the intent of the amendment is to prevent, for a 2 year period, zoning provisions that Council determines to be important from being reversed through the minor variance process. 2. Proposed Residential Development In February 2020, Universal City Six Developments Inc. submitted Zoning By-law Amendment Application A 01/20, for the lands located at the northwest corner of Sandy Beach Road and Bayly Street within the City Centre Neighbourhood (see Location Map, Attachment #1). On February 21, 2020, the applicant submitted a formal Site Plan Application S 02/20, which was intended to implement the proposed development. On January 25, 2021, City Council enacted By-law 7810/21, which granted site-specific exemptions to permit the construction of a 26-storey residential condominium building consisting of 302 units, as reflected in the submitted site plan application. On April 26, 2021, City Council granted an exemption in accordance with Section 45 (1.4) of the Planning Act, as amended, to permit the Committee of Adjustment to consider Minor Variance Application P/CA 21/21. The purpose of the application was to marginally increase the maximum building height from 78 metres (26-storeys) to 79.5 metres (27-storeys) and to eliminate the required minimum 3.0 metre stepback in the main wall of the point tower between the top 6.0 metres and 18.0 metres of a building greater than 73.5 metres in height (24-storeys). On May 12, 2021, the Committee of Adjustment approved Minor Variance Application P/CA 21/21. This change allowed the applicant to accommodate an additional 10 residential units for a total of 312 apartment units. Through the detailed design of the proposed building during the site plan review process, the applicant determined that additional units could be accommodated through minor changes to the floor plan. As a result of the reconfiguration, the primary windows for 2 second-storey units have been shifted to face westward, opposite the Universal City Phase 1 development located on the abutting west property (see Submitted Site Plan, Attachment #2). This change would allow the applicant to accommodate an additional 9 residential units for a total of 321 apartment units. 3. Minor Variance Application P/CA 103/21, Universal City Six Developments Inc. City Centre Zoning By-law 7553, as amended, requires a minimum building separation of 11.0 metres if any primary windows or balconies are proposed on a wall facing an adjacent building. The site-specific Zoning By-law 7810/21 granted a provision to reduce the minimum building separation to 8.6 metres for a second-storey unit with primary windows. The provision requires the primary window to be no larger than 0.9 of a square metre and the lowest point of the window to be located a minimum of 1.8 metres from the floor. The - 101 - Report PLN 39-21 October 25, 2021 Subject: Universal City Six Developments Inc. Page 3 purpose of this provision was to incorporate a small window into a second-storey unit, to allow the flow of natural light into the unit. To deal with issues related to privacy and overlook, the size of the window was limited, and the location of the window was high enough to ensure there was no direct visibility through the window to an adjacent building. Through the detailed design of the building, the second-storey was reconfigured to allow for a more compact floor plan and the addition of 9 residential units, for a total of 321 apartment units. As a result of the reconfiguration, the primary windows for 2 second-storey units were shifted westward, facing an adjacent building (Universal City One). To ensure the flow of natural light is maintained within these units, the applicant is requesting to provide larger windows. As such, the applicant has submitted Minor Variance Application P/CA 103/21 to maintain the building separation of 8.6 metres for a second-storey unit with larger primary windows, so long as a 1.8-metre high privacy screen is located along the edge of the building between the primary window and the adjacent building to which the primary window faces. The purpose of limiting the size and location of the primary window is to provide adequate privacy between abutting buildings. To mitigate issues with privacy and overlook as a result of the larger windows, the applicant is proposing to locate a 1.8-metre high privacy screen along the west edge of the building between the primary windows and the adjacent building to which the primary windows face. The larger windows will ensure sunlight is still provided within the units, while the screens will ensure privacy between the units and the adjacent building is maintained. The screens will be similar in style and colour to the building, which will help maintain an attractive façade. - 102 - Report PLN 39-21 October 25, 2021 Subject: Universal City Six Developments Inc. Page 4 The applicant has indicated that the related parking, bicycle parking and amenity space requirements have been increased to reflect the additional number of units, without the need for further variances. The additional 9 residential units will not require any further exceptions to the City Centre Zoning By-law 7553/17, as amended by By-law 7810/21. The proposed variance is in keeping with the general intent and purpose of the City’s Official Plan and Zoning By-law, which is to permit high-density, mixed-use development. Staff have reviewed the site plan application and consider the larger windows to be desirable for the future occupants of these units, and consider the screens appropriate to mitigate issues related to privacy and overlook. The requested variance is considered to be minor in nature and appropriate for the site. 4. Conclusion It is recommended that Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act and permit Minor Variance Application P/CA 103/21, submitted by Universal City Six Developments Inc., to be considered by the Committee of Adjustment resulting from the further processing of the site plan or building permit applications. Attachments: 1. Location Map 2. Submitted Site Plan - 103 - Report PLN 39-21 October 25, 2021 Subject: Universal City Six Developments Inc. Page 5 Prepared By: Original Signed By Isabel Lima (Acting) Planner II Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design IL:ld Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 104 - - 105 - a l a Pickering P a r k w a y Highway 40 1 Bayly Street o a d Poprad A v e n u e R e y t a n B o u l e v a r d Tat ra K r o s n o B o u l e v a r d A v e n u e Morden L a n e S ndy B eac h R A l i n c e R o a d Bayview Heights Public School Mitchel Park Location MapFile: P/CA 103/21Appl Universal City Six Developments Inc.Mun icant: Department City Development icipal Address: 1496 Bayly Street ©The Co©Queens P rpo atei , On f the C a o M ty onif tPrick Naing Producedu a Resou (in pa lt)riundet rrlcense fr; : Ma es t i igh o trrinton o t ri i i s y of er t r l rces. A r l gh s eserved.i om© Her j ty he Queen n R t f Canada, Depar ment Date: Sep. 27, 2021rNa ural Resou ces. A l righ s r rved.; © Ter t Enterp ises Inc. and is supplers. All ri t rese ved. © Munici l Property SCALE: 1:4,000oAssessmenf t po r a i l ti ese ie l ri ane r r r t i gh s r ; pat Cor r t on and ts suppl rs. A l ghts ese ved. THIS IS NOT A PLAN OF SURVEY. L:\PLANNING\01-MapFiles\PCA\2021\PCA103-21 Universal City Six Development Inc\PCA103-21_LocationMap.mxd SubjectLands D ri ve Drava Street Fordon Attachment #1 to Report #PLN 39-21 To maintain a building separation of 8.6 metres for a second storey unit with larger windows to allow for the flow of natural light, so long as a 1.8 metre high privacy screen is located along the edge of the building. Universal City Phase 1 (west adjacent building) 8.6 m separation Submitted Site Plan File No: P/CA 103/21 Applicant: Universal City Six Developments Inc. Municipal Address: 1496 Bayly Street CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: September 22, 2021 Attachment #2 to Report #PLN 39-21 - 106 - Report to Council Report Number: PLN 40-21 Date: October 25, 2021 From: Kyle Bentley Director, City Developments & CBO Subject: Envision Durham – Housing Intensification Study Technical Report -File: A-2100-020 Recommendation: 1. That Council endorse the Staff Comments contained in Section 2.2 of Report PLN 40-21 as the City’s formal comments on the Envision Durham Housing Intensification Study Technical Report, August 24, 2021; and 2. That the appropriate City of Pickering staff be authorized to take the necessary actions as indicated in this report. Executive Summary: The Region of Durham released the Housing Intensification Study Technical Report, August 24, 2021 (Intensification Report) on September 3, 2021, and requested comments by October 4, 2021. The Intensification Report is the second of four technical papers to be released as part of the Envision Durham’s Growth Management Land Needs Assessment exercise. Given the short comment period (30 days) for these technical reports, staff informed the Region that the City’s comments with respect to the Intensification Report will only be available after Council has considered this report. Staff’s comments on the Intensification Report are outlined in Section 2.2 of this report. Staff is seeking Council’s endorsement of the comments, and that it be forwarded to the Region for consideration. Financial Implications: This report has no financial implications for the City. 1. Background: The Region of Durham is undertaking a Growth Management Study (GMS), as part of Envision Durham, the Region’s Municipal Comprehensive Review process. The first phase of the GMS is the preparation of a Land Needs Assessment (LNA) to determine the amount of settlement area boundary expansion that may be required to accommodate the future population and job growth to 2051. The LNA is being presented through the release of the following four technical reports: • The Region-Wide Growth Analysis; • The Housing Intensification Study; • The Employment Strategy; and • The Community Area Urban Land Needs. - 107 - Report PLN 40-21 October 25, 2021 Subject: Envision Durham – Housing Intensification Study Technical Report Page 2 The first technical report, the Region-Wide Growth Analysis, released on July 2, 2021 was commented on through staff-to-staff comments in a letter to the Region on August 11, 2021. The staff comments were submitted to, and endorsed by, Council on September 27, 2021 (Corr. 41-21). On September 3, 2021, the Region released the Housing Intensification Study Technical Report (Intensification Report). The remaining two technical reports, Employment Strategy and Community Area Urban Land Needs respectively, will be reported and commented on through future reports to Planning & Development Committee or Council. The Intensification Report can be accessed through the following hyperlink: https://www.durham.ca/en/regional-government/resources/Documents/Council/CIP- Reports/CIP-Reports-2021/2021-INFO-94.pdf Regional staff will be preparing a Land Needs Assessment Recommendations (Summary) Report, compiling the key outcomes, technical analysis, and related recommendations contained in the four technical reports. The Summary Report will be presented to Regional Planning and Economic Development Committee at a future date, to be confirmed by the Region. City staff will, at that time, bring forward a recommendation report to Pickering’s Planning & Development Committee, providing the City’s formal comments on the Region’s Land Needs Assessment Recommendations (Summary) Report. 2. Discussion: 2.1 The Housing Intensification Study Technical Report The purpose of the Intensification Report is to present the results of the Region’s evaluation of the supply and demand for housing within the Region’s Built-up Areas (BUAs). The Report also explains the methodology and assumptions that were used to assess likely opportunities and supply potential for intensification of candidate strategic growth areas (SGAs), such as the Pickering Urban Growth Centre and the Kingston Road Mixed Corridor, and the associated number of people and jobs. A key outcome of the Intensification Report is to demonstrate the Region’s capacity for accommodating the Province’s intensification target of 50%. The key findings of the Intensification Report are the following: • Based on the Region’s analysis of the intensification potential across its jurisdiction, the Provincially-established minimum intensification target that 50% of growth to 2051 be within the Built-up Areas is appropriate, can be met, and can potentially be exceeded. However, the report acknowledges that achieving such intensification on a sustained basis represents a long-term shift in built-form, housing mix and unit construction; • Focusing growth in locations that align with the Provincial definition of SGAs (e.g., Urban Growth Centres, Regional Centres and Corridors, and Protected Major Transit Station Areas) has the greatest potential to achieve or exceed the Region’s intensification target and to align with the Region’s broader policy objectives in terms of matters such as infrastructure planning, transit-supportive development and establishing sustainable development patterns; - 108 - Report PLN 40-21 October 25, 2021 Subject: Envision Durham – Housing Intensification Study Technical Report Page 3 • The introduction of Major Transit Station Areas as a new component of the regional urban structure presents a strategic opportunity to accommodate a significant amount of growth in close proximity to existing and planned GO stations; • While at a regional level there is significant potential for growth through intensification, the intensification potential varies across area municipalities – the vast majority of intensification potential (98%) is in the southern Lake Ontario shoreline municipalities; and • To enable intensification and achieve the intensification target of 50%, the alignment of regional policies and initiatives related to land use, built form, infrastructure and economic development, will be key. The Region’s potential intensification supply determined that Pickering could yield 45,100 units, Oshawa 47,600, Whitby 31,900, Ajax 30,500, and Clarington 19,700. Pickering’s share of the Regional Intensification Supply potential is 25%. 2.2 Staff Comments Staff is generally in agreement with many of the findings of the Intensification Report. However, a number of key concerns have been identified, which are elaborated on below. a. Although the Region is bound to the Growth Plan’s mandated 50% intensification target annually up to 2051, it appears that the intensification methodology may have overlooked a number of significant factors such as anticipated growth disrupters such as the lack of existing infrastructure capacity and/or potential relocation of major services, funding the required new infrastructure, and other market realities, e.g., long-term commercial leases, thriving commercial enterprises in BUAs that want to physically expand in place to handle the new growth, and the length of time associated with land assembly and large scale demolitions that may impede anticipated intensification in BUAs. b. While the Intensification Report identifies a land supply to achieve the 50% intensification target, it does so with a number of comments about what it would mean or demand. For example, on page 116 it states that ”…population and employment forecasts for Durham Region are aspirational and will require significant increase in the regional growth rate if they are to be achieved“, and on page 46 it states that achieving a 50% intensification target during the 2022-2051 timeframe will require an increase of more than double the absolute level of annual housing growth through intensification. Read together with the previous comments, staff note that there are a significant number of factors that affect the achievement of the required level of intensification, including factors such as: the capacity of municipal staff (plan review, building inspectors, etc.) to process the resulting number of applications; supply of skilled trades; and interruptions in the supply chain for construction materials. - 109 - Report PLN 40-21 October 25, 2021 Subject: Envision Durham – Housing Intensification Study Technical Report Page 4 c. The Intensification Report, on page 120, highlights a recommendation that the policies in the Durham Regional Official Plan (ROP) be advanced to support a shift towards higher density housing forms in the BUA, which may include a housing mix target, investment in public realm, mobility and community amenities to support higher density, urban living. However, there seems to be no specific recognition of land needs for the essential community services and facilities to serve the people that are going to live in the 107,000 new units in the Region’s BUA by 2051. Should there have been a “take out” from the land supply for community, recreational, educational, health, parks and other facilities? In terms of the soft site methodology, provision has been made to netting out lands for aspects such as private amenity space and internal roads, but it is unclear whether the area netted out from the prototypical development area made provision for community facilities such as parkland. With significant intensification in the BUA, there will be a need for more parkland, in easily accessible locations. d. The Region, in their analysis to determine the Future Market Demand for Ground-Oriented and High-Density Housing Forms, included active development applications (reflected in Figure 3-3 on page 36). Staff question whether it is appropriate to equate “Active Development Applications” to “Approved Development Applications”. To illustrate this point, the intensification analysis completed for a segment of Kingston Road in Pickering assumed that all active development applications (referred to as pipeline development) in that segment of the corridor would be approved and constructed. There is no guarantee that the outcome of all development applications will yield the number of units that were originally proposed. Staff is concerned that by equating Active Development Applications with Approved Development Applications, an inflated supply number has resulted. e. The Intensification Report highlights the average intensification rate of the City of Pickering reaching 88% between 2006 and 2019. It would be misleading to assume that this high level of intensification will, or can, be sustained over the short to medium term. Up until 2016, all residential development in Pickering occurred in the BUA because of delays in approvals and providing infrastructure to the Seaton Community (the Designated Greenfield Area of Pickering). Since residential development in Seaton began, the intensification rate in Pickering has decreased significantly to 24.5% in 2020 and then increased again to 46% in 2021 (September). The Region needs to confirm that the underlying conditions leading to the large fluctuations between the long and short-term historic intensification rates experienced in Pickering (specifically the delays associated with the development of the Seaton Community), has been considered in forecasting intensification rates for Pickering over the next 30 years. f. The Intensification Report recognizes that Waterfront Places, with the exception of the Whitby Waterfront Place, do not present areas where significant growth and intensification is expected to occur over the long term. Accordingly, the Waterfront Places, with the exception of the Whitby Waterfront Place, have been excluded from the Region’s intensification analysis. This step is consistent with Council’s comments on the Region’s proposed Policy Direction Report, provided through - 110 - Report PLN 40-21 October 25, 2021 Subject: Envision Durham – Housing Intensification Study Technical Report Page 5 Report PLN 29-21. In that Report, the Region was informed that the City does not regard the Waterfront Place in Pickering (Frenchman’s Bay) as a growth area and that the City supports the direction that Waterfront Places (e.g., Frenchman’s Bay) not be identified as Strategic Growth Areas, and that any policies referring to minimum density targets for these areas be removed if this designation is retained in the ROP. Other minor technical comments: g. Figure 4-2 title on page 41 of the Intensification Report says “Durham Region, Pattern of High-Density Housing Growth, 2006 to 2019” while the Map legend says “Number of Building Permits per Dissemination Area (2005-2019)”. If the Map legend is the proper subject matter, it needs to clarify if it is all building permits (residential and non-residential), all residential permits, or only high-density residential building permits. Also, the text on page 40 that refers to Figure 4-2, discusses high-density development, whereas Figure 4-2 appears to show a concentration of building permits but not necessarily building permits related to high density development. h. Figure B-5 in the Region-Wide Growth Analysis Technical Report illustrates the forecasted amount of new low, medium, and high density housing units for the period 2021-2051, as 21.8%, 30.6% and 47.6% respectively. However, the percentages for the same metric shown in the Intensification Report on page 56, point 6, are different. They are shown as 47% low-density dwellings, 29% medium- density and 24% high-density. Staff are requesting that the Region clarify the differences. i. The term “ground-oriented” housing type is introduced in Section 3.6 (page 36) of the Intensification Report. The term is used to distinguish other housing types from the “high-density” housing type and appears to group “low density” and “medium density” housing types together. The footnotes to Figure 4-7 on page 46 provide the definitions for low, medium, and high density housing types generally as follows: low density housing types include singles, semis and accessory apartments; medium density housing types include townhouses and apartments in duplexes, high density housing types include bachelor, 1-bedroom and 2-bedroom plus apartments. Stacked townhouse and back-to-back townhouse typologies would also be considered medium density housing. However, these townhouse typologies, while considered a medium density housing type and grouped in with the “ground-oriented” housing type, often require numerous flights of stairs and often have no front and back yards. We can conclude that not all ground-oriented housing types are equal. Staff question whether these housing forms should be combined under “ground-oriented housing”. j. On page 57 of the Intensification Report – Figure 5-2, there is no footnote for caption 28. - 111 - Report PLN 40-21 October 25, 2021 Subject: Envision Durham – Housing Intensification Study Technical Report Page 6 3. Staff Recommendations: It is recommended that the staff comments in Section 2.2. of this report be endorsed by Council as the City’s formal comments on the Envision Durham Housing Intensification Study Technical Report, and that they be forwarded to the Region of Durham for consideration. Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Margaret Kish, MCIP, RPP Principal Planner, Policy Catherine Rose, MCIP, RPP Chief Planner Original Signed By Original Signed By Déan Jacobs, MCIP, RPP Manager, Policy & Geomatics Kyle Bentley, P. Eng. Director, City Development & CBO DJ:CR:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 112 - Memo To: Susan Cassel October 20, 2021 City Clerk From: Catherine Rose Chief Planner Copy: Manager, Development Review & Urban Design Subject: Amending By-law for Zoning By-law Amendment Application A 03/19 Joshani Homes Ltd. Dunn Crescent City of Pickering Amending By-law 7880/21 Statutory Public Meeting Date June 17, 2019 Planning & Development October 4, 2021 Committee Date Purpose and Effect of By-law To rezone the subject lands to facilitate the development of 4 semi-detached dwellings fronting the future southerly extension of Dunn Crescent. Council Meeting Date October 25, 2021 Notes Not Applicable Original Signed By Catherine Rose FC:ld J:\Documents\Development\D-3300\2019\A 03-19\By-law\By-law Chart Memo to Clerks.docx Attachment By-law Text Schedule I to By-law 7880/21 Schedule II to By-law 7880/21 - 113 - The Corporation of the City of Pickering By-law No. 7880/21 Being a By-law to amend Zoning Restricted Area (Zoning) By-law 2511, as amended, to implement the Official Plan of the City of Pickering, Region of Durham, on Part of Lot 72, Plan 418, Now Part 2, 40R-30097, in the City of Pickering. (A 03/19) Whereas the Council of The Corporation of the City of Pickering received an application to rezone the subject lands being Part of Lot 72, Plan 418, Now Part 2, 40R-30097, in the City of Pickering to permit the development 4 lots for semi-detached dwellings; And whereas an amendment to Zoning By-law 2511, as amended, is required to permit such uses; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedules Schedules I and II attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands being Part of Lot 72, Plan 418, Now Part 2, 40R-30097, in the City of Pickering, designated “SD1” on Schedule I attached hereto. 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) “Bay, Bow, Box Window” shall mean 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. (2) “Height, Building” shall mean 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. - 114 - By-law No. 7880/21 Page 2 (3) (a) “Lot” shall mean an area of land fronting on a street which is u sed or intended to be used as the site of a building, or group of buildings, as t he case may be, together with any accessory buildings o r structures, or a public p ark o r open space area, regardless of whether or not such lot constitutes t he whole of a lot or block on a registered plan of subdivision. (b) “Lot Frontage” shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres d istant from the front lot line. (4) “Private Garage” shall mean 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. (5) (a) “Yard” shall mean an area of land which is a ppurtenant to and located on the same lot as a building or structure and is o pen, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as a re specifically permitted thereon. (b) “Front Yard” shall mean a yard extending across t he 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” shall mean 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” shall mean a yard extending across t he full width of a lot between the rear lot line of the lot, or where there is n o 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” shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is n o 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” shall mean 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” shall mean 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. - 115 - By-law No. 7880/21 Page 3 5. Provisions (1) Uses Permitted (“SD1” Zone) No person shall within the lands zoned “SD1” on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (a) Semi-Detached Dwelling (2) Zone Requirements (“SD1” Zone) No person shall within the lands zoned “SD1” on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (a) Lot Frontage (minimum) 10.5 metres (b) Lot Area (minimum) 320 square metres (c) Front Yard Depth (minimum) 6.0 metres (d) Side Yard Depth (minimum) (i) 2.4 metres, except where semi-detached dwellings o n abutting lots s hare a common wall, no interior side yard shall be required (ii) Despite Section 5(2)(d)(i) above, 3.5 metres, except where semi-detached dwellings o n abutting lots s hare a common wall, no interior side yard shall be required for a lot in the diagonally crossed area as shown on Schedule II to this by-law (f) Rear Yard Depth (minimum) 7.5 metres (i) Building Height (maximum) 8.5 metres (j) Lot Coverage (maximum) 33 percent (k) Parking Requirements A minimum of 2 parking spaces p er dwelling unit (minimum) for resident, one of which must be provided within an attached private garage. (l) Driveway Width (maximum) Maximum driveway w idth shall not exceed the width of the exterior walls o f the private garage(s). (m) Garage Requirements Minimum one private garage per lot attached to the main building, the vehicular entrance of which shall be located not less than 6.0 metres from the front lot line. - 116 - ________________________________ ________________________________ By-law No. 7880/21 Page 4 (3) Special Provisions The following special provisions shall apply to lands zoned “SD1” on Schedule I: (a) Obstruction of Yards (maximum): (i) uncovered and covered unenclosed porches and associated stairs not exceeding 1.5 metres in height above established grade may encroach a maximum of 2.0 metres into the minimum required front or flankage yard; (ii) uncovered balconies, decks and associated stairs, not exceeding 1.5 metres in height above grade may encroach a maximum of 3.0 metres into the required rear yard, provided they are setback 0.6 metres from a side lot line; (iii) balconies located above the first floor projecting or inset in the rear are prohibited; (iv) bay, box or bow window, with or without foundation, having a width of up to 4.0 metres may encroach a maximum of 0.6 metres into any required yard or half the required side yard, whichever is less; and (v) window sills, chimney breasts, fireplaces, belt courses, cornices, pilasters, eaves, eaves troughs, and other similar architectural features are permitted to project a maximum of 0.6 metres into any required yard and are required to be setback 0.6 metres from a side lot line. 6. By-law 2511 By-law 2511, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 2511, as amended. 7. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this 25th day of October, 2021. David Ryan, Mayor Susan Cassel, City Clerk - 117 - i N SD1 SD1 Nomad Road Du n n C r e s c e n t 101.4m 25. 9 m 23 . 0 m 89.53m Schedule I to By-Law 7880/21 Passed This 25th Day of October 2021 Mayor Clerk - 118 - i N Nomad Road Du n n C r e s c e n t 30.5m 13 . 3 m 12 . 0 m 26.1m Schedule II to By-Law 7880/21 Passed This 25th Day of October 2021 Mayor Clerk - 119 -