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HomeMy WebLinkAboutDecember 4, 2023 Planning & Development Committee Meeting Agenda December 4, 2023 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Butt For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca Members of the public may attend the meeting in person, or 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. Call to Order/Roll Call 2. Disclosure of Interest 3. Delegations Members of the public looking to provide a verbal delegation to Members of the Planning & Development Committee may do so either in person or through a virtual connection into the meeting. For more information, and to register as a delegate, visit www.pickering.ca/delegation, and complete the on-line delegation form or email clerks@pickering.ca. The list of delegates who have registered to speak will be called upon one by one by the Chair in the order in which they have registered. Delegates are allotted a maximum of 5 minutes to make their delegation. Please be advised that your name will appear in the public record and will be posted on the City’s website as part of the meeting minutes. 4. Planning & Development Reports 4.1 Director, City Development & CBO, Report PLN 40-23 1 Delegation of Land Division Responsibilities from the Region of Durham to the City of Pickering Recommendation: 1. That the Draft By-law to constitute the Committee of Adjustment under the Planning Act, and to authorize the Committee to grant approval of both minor variance and consent for land severance applications, within the City of Pickering, effective January 1, 2024, as set out in Appendix I to Report PLN 40-23, be finalized and forwarded to Council for enactment; Planning & Development Committee Meeting Agenda December 4, 2023 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Butt For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2.That the Draft By-law to authorize the Director, City Development & CBO, or a designate, to grant approval of technical consent applications (including easements, lot line adjustments, title validations, and leases or mortgages greater than 21 years), within the City of Pickering, effective January 1, 2024, as set out in Appendix II to Report PLN 40-23, be finalized and forwarded to Council for enactment; 3.That the revised Terms of Reference, pertaining to the expanded role of the Committee of Adjustment to consider consent for land severance applications, as set out in Appendix III to Report PLN 40-23, be approved; 4.That Council direct staff to initiate an amendment to the Pickering Official Plan, to amend the policies to expand the role of the Committee of Adjustment to include consent for land severance applications; to recognize the delegation of authority to the Director, City Development & CBO, or a designate, to grant approval of technical consent applications; and to set out the requirement for mandatory pre-consultation prior to the submission of a consent application; and, 5.That the appropriate City of Pickering officials be authorized to take such actions as are necessary to give effect to the recommendations of this report. 4.2 Director, City Development & CBO, Report PLN 41-23 20 Bill 23: Provincial Legislation Changes to the Ontario Heritage Act and Priority Properties for Designation Recommendation: 1.That Council endorse the recommendations of the HeritagePickering Advisory Committee, dated September 27, 2023, todesignate 1294 Kingston Road (Liverpool House), 450 Finch Avenue (Dixon House), 1 Evelyn Avenue, 401 Kingston Road, and 4993 Brock Road, under Section 29, Part IV of the Ontario Heritage Act; Planning & Development Committee Meeting Agenda December 4, 2023 Hybrid Electronic Meeting – 7:00 pm Council Chambers Chair: Councillor Butt For information related to accessibility requirements please contact: Committee Coordinator 905.420.4611 clerks@pickering.ca 2.That Council support the completion of Cultural Heritage Evaluation Reports for 1027-1031 Dunbarton Road, and 4953 Brock Road to determine their Cultural Heritage Value or Interest, and whether the properties are candidates for designation under Part IV of the Ontario Heritage Act; and, 3.That appropriate City of Pickering officials be directed to take necessary actions to designate 1294 Kingston Road, 450 Finch Avenue, 1 Evelyn Avenue, 401 Kingston Road, and 4993 Brock Road under Section 29, Part IV of the Ontario Heritage Act, and include the properties on the City of Pickering Municipal Heritage Register. 5.Member Updates on Committees 6.Other Business 7.Adjournment Report to Planning & Development Committee Report Number: PLN 40-23 Date: December 4, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Delegation of Land Division Responsibilities from the Region of Durham to the City of Pickering Recommendation: 1.That the Draft By-law to constitute the Committee of Adjustment under the Planning Act, and to authorize the Committee to grant approval of both minor variance and consent forland severance applications, within the City of Pickering, effective January 1, 2024, as setout in Appendix I to Report PLN 40-23, be finalized and forwarded to Council forenactment; 2.That the Draft By-law to authorize the Director, City Development & CBO, or a designate, to grant approval of technical consent applications (including easements, lot lineadjustments, title validations, and leases or mortgages greater than 21 years), within theCity of Pickering, effective January 1, 2024, as set out in Appendix II to Report PLN 40-23,be finalized and forwarded to Council for enactment; 3.That the revised Terms of Reference, pertaining to the expanded role of the Committee of Adjustment to consider consent for land severance applications, as set out in Appendix IIIto Report PLN 40-23, be approved; 4.That Council direct staff to initiate an amendment to the Pickering Official Plan, to amendthe policies to expand the role of the Committee of Adjustment to include consent for land severance applications; to recognize the delegation of authority to the Director, City Development & CBO, or a designate, to grant approval of technical consent applications;and to set out the requirement for mandatory pre-consultation prior to the submission of aconsent application; and 5.That the appropriate City of Pickering officials be authorized to take such actions as are necessary to give effect to the recommendations of this report. Executive Summary: The purpose of this report is to inform Council of the Region of Durham’s recent delegation of land division responsibilities and authority to grant consents to Pickering City Council. On October 25, 2023, Durham Regional Council passed By-law 61-2023, a By-law to delegate Regional Council’s land division responsibilities and authority to grant consents, under the Planning Act, to each of the Region’s area municipalities, including the City of Pickering, effective January 1, 2024. - 1 - PLN 40-23 December 4, 2023 Subject: Delegation of Land Division Responsibilities from Page 2 the Region of Durham to the City of Pickering This follows the tabling of Provincial Bill 23, More Homes Built Faster Act, intended to advance the province’s goal of building 1.5 million homes across Ontario over the next ten years. Bill 23 introduces several changes to the land use planning system in Ontario and makes legislative amendments to the Planning Act and other pieces of legislation, including the reclassification of the Region of Durham, and six other regional governments in Ontario, as “Upper-Tier Municipalities without Planning Responsibilities”. Staff recommend that Council pass by-laws to delegate the authority to approve consent for land severance applications to the City’s Committee of Adjustment, and delegate the authority to approve technical consent applications to the Director, City Development & CBO, for the following reasons: • The Committee of Adjustment has experience reviewing consent for land severance applications; • It is consistent with other Councils within the Greater Toronto Area (GTA), that have delegated land severance responsibilities to their Committees of Adjustment; • Technical consent applications can be delegated to City Development staff; and • There are similarities between the Planning Act requirements for providing public notice of consent applications and to the notice requirements for minor variance applications. The staff recommendations noted above will ensure a smooth transition of responsibilities from the Region of Durham to the City of Pickering, which will minimize delays to the Pickering businesses and residents that seek these services. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. User fees for consent applications have been added to the proposed 2024 User Fees schedule. Discussion: 1. Purpose and Background 1.1 Bill 23, More Homes Built Faster Act, 2022 In October of 2022, the Province of Ontario tabled Bill 23, More Homes Built Faster Act, intended to advance the province’s goal of building 1.5 million homes across Ontario over the next ten years. The Bill introduces several changes to the land use planning system in Ontario and makes legislative amendments to the Planning Act and other pieces of legislation. Through Bill 23, the Province proposes to reclassify the Region of Durham, and six other regional governments in Ontario, as “Upper-Tier Municipalities without Planning Responsibilities”. If proclaimed as proposed, Bill 23 will remove the Region’s authority to grant approval of consent applications and delegate this approval authority to the lower-tier municipalities. - 2 - PLN 40-23 December 4, 2023 Subject: Delegation of Land Division Responsibilities from Page 3 the Region of Durham to the City of Pickering Bill 23 received Royal Assent in November of 2022. Although this part of the Bill has yet to be proclaimed, Regional Council has pro-actively passed a by-law to delegate land division responsibilities and authority to grant consents to the Region’s lower-tier municipalities, including the City of Pickering, effective January 1, 2024. The purpose of this report is to inform Council of the Region of Durham’s delegation of land division responsibilities and authority to grant consents to Pickering City Council. In addition, this report is to advise Council of staff’s recommendations: • to delegate the authority to approve consent for land severance applications to the City’s Committee of Adjustment; and • to delegate the authority to approve technical consent applications (including easements, lot line adjustments, title validations, and leases or mortgages greater than 21 years) to the Director, City Development & CBO. 1.2 What is a land severance/consent application? A consent for land severance application is a request to sever a piece of land to create a new parcel of land. Section 16.26 of the Pickering Official Plan, pertaining to Land Severances, allows a landowner to create up to three new lots through the consent process. A landowner must make a request to Council to create more than three lots through the consent process, otherwise an application for draft plan of subdivision is required. A consent application can also be used to grant lot line adjustments, register an easement, validate a title, and lease or mortgage a piece of land for more than 21 years and are referred to as technical consents. 1.3 Former Land Severance/Consent Review Process Durham Regional Council previously delegated the authority for approving all consent applications within the Region of Durham to the Regional Land Division Committee. Regional Planning staff assisted the Committee in processing these applications in accordance with the provisions of the Planning Act, including scheduling public hearings, providing notice of hearings to the public and external agencies for comment, preparing recommendations for the Committee, recording decisions, processing appeals, overseeing clearance of conditions, and issuing consent certificates. City Development and Engineering Services staff reviewed and commented on consent applications located within the City of Pickering. To assist the Regional Land Division Committee in making its decision, City staff provided the Committee with an assessment of the application’s conformity with the Pickering Official Plan, Zoning By-law, and other City standards. City staff also provided the Committee with recommended conditions of approval, which had to be satisfied prior to the final clearance of a land severance/consent application. 1.4 The Region has delegated land division responsibilities to the City Under Section 54 of the Planning Act, the Regional Council of an upper-tier municipality may delegate to the Council of a lower-tier municipality, the authority to grant approval of consent applications for properties located within its municipality. In turn, the Council - 3 - PLN 40-23 December 4, 2023 Subject: Delegation of Land Division Responsibilities from Page 4 the Region of Durham to the City of Pickering of a lower-tier municipality may delegate this authority to a Committee of Council (such as the Planning & Development Committee), an appointed officer (such as the Director, City Development & CBO), or to their Committee of Adjustment. On October 25, 2023, Durham Regional Council passed By-law 61-2023, to delegate Regional Council’s land division responsibilities and authority to grant consents to the Council of each of the Region’s lower-tier municipalities, effective January 1, 2024 (see Attachment #1, Region of Durham By-law 61-2023). Furthermore, Regional Council recommended that the Council of each lower-tier municipality pass a by-law to expand the role of their Committees of Adjustment to include consent applications. 2. Recommendations 2.1 Staff recommend that Council pass by-laws to delegate consent responsibilities to the Committee of Adjustment and to the Director, City Development & CBO Staff recommend that Council pass by-laws to delegate the authority to approve consent for land severance applications to the City’s Committee of Adjustment, and delegate the authority to approve technical consent applications to the Director, City Development & CBO, for the following reasons: i) The Committee of Adjustment has experience reviewing consent for land severance applications Presently, City Council delegates the authority for approving minor variance applications to the Committee of Adjustment, in accordance with Section 44 of the Planning Act. A minor variance application allows a landowner to request a minor variance, or change, to a specific requirement in the City’s Zoning By-laws. In some instances, consent for land severance applications may require approval of an associated minor variance application. For example, when a new parcel of land is proposed to be created, the new parcel must comply with the minimum lot area and lot frontage requirements in the City’s Zoning By-law. If the new parcel of land does not comply with the by-law requirements, the landowner must apply for a consent for land severance application and associated minor variance application, to facilitate the severance. Between January and November of 2023, the City’s Committee of Adjustment has reviewed and made decisions on eight minor variance applications that are associated with a consent for land severance application. Through their review, the Committee assesses the application’s conformity with the Pickering Official Plan, Zoning By-law, and other City standards. Considering the Committee’s experience with reviewing these types of applications, staff are of the opinion that the Committee can sufficiently assess and make decisions on consent for land severance applications. - 4 - PLN 40-23 December 4, 2023 Subject: Delegation of Land Division Responsibilities from Page 5 the Region of Durham to the City of Pickering ii) Other Councils within the Greater Toronto Area (GTA) have delegated land severance responsibilities to their Committees of Adjustment The three other upper-tier municipalities within the GTA, being York Region, Peel Region, and Halton Region, have delegated the authority to grant consent for land severance applications to their lower-tier municipalities. In turn, all 16 lower-tier municipalities within these Regions have passed a by-law to delegate land severance responsibilities to their Committees of Adjustment. The City of Toronto, being a single-tier municipality, has also delegated the authority to grant consent for land severance applications to their Committees of Adjustment. iii) Technical consent applications can be delegated to City Development staff A consent application to grant a lot line adjustment, register an easement, validate a title, or lease or mortgage a piece of land for more than 21 years is considered a technical consent application. At the City of Toronto, the authority to approve technical consent applications has been delegated to the City’s Chief Planner, who in turn has delegated the authority to the Secretary-Treasurer of their Committees of Adjustment. Toronto does not hold public hearings for these types of applications, however, notice of these applications is circulated to the public and external agencies for comment, for the Secretary-Treasurer to consider. As the practice of delegating technical consents to staff is considered a practical and streamlined approach, City staff recommend that the authority to approve technical consent applications be delegated to the Director, City Development & CBO, or a designate. In accordance with the requirements in the Planning Act, notice of these applications will be provided to the public and external agencies for comment, however no public hearing is required. Should the Director determine that a technical consent application warrants a public hearing in front of the Committee of Adjustment, the Director can delegate this application to the Committee. iv) The Planning Act requirements for providing public notice of consent applications are similar to the notice requirements for minor variance applications Under the Planning Act, public notice of a hearing for a consent application must be provided a minimum of 14 days prior to the hearing. Notice of decision on a consent application must be provided within 15 days. Similarly, the Planning Act requires public notice of a hearing for a minor variance application to be provided a minimum of 10 days prior to the hearing, and notice of decision must be provided within 10 days. City Development staff process minor variance applications in accordance with the provisions of the Planning Act, including scheduling public hearings, giving notice of hearings, and issuing notice of decisions. Under the current process, City staff provide public notice of a minor variance application at least 14 days prior to a hearing and notice of decision within 10 days. This process could easily be - 5 - PLN 40-23 December 4, 2023 Subject: Delegation of Land Division Responsibilities from Page 6 the Region of Durham to the City of Pickering adapted to provide public notice of a hearing and notice of decision for a consent for severance application, in accordance with the provisions of the Planning Act. In addition to providing public notice of minor variance applications, City Development staff also schedule public hearings, prepare recommendation reports to Committee, hold public hearings, record hearing minutes and decisions, process appeals, and oversee clearance of conditions, when required. Consent for severance applications require the same procedures, and therefore could be easily implemented into the City’s current process for minor variance applications. For the reasons noted above, staff recommend that the Draft By-law: • to constitute the Committee of Adjustment under the Planning Act; and • to authorize the Committee to grant approval of both minor variance and consent for land severance applications within the City of Pickering; effective January 1, 2024, as set out in Appendix I to this report, be finalized and forwarded to Council for enactment. Staff also recommend that the Draft By-law to authorize the Director, City Development & CBO, or a designate, to grant approval of technical consent applications, within the City of Pickering, effective January 1, 2024, as set out in Appendix II to this report, be finalized and forwarded to Council for enactment. Further, staff recommend that the revised Terms of Reference, pertaining to the expanded role of the Committee of Adjustment to consider consent for land severance applications, as set out in Appendix III to this report, be approved. 2.1.1 No changes to the composition of the Committee of Adjustment are recommended at this time Hearings for the Committee of Adjustment are held on the second Wednesday of each month, for a total of 12 hearings over the course of a year. Regional Planning staff have indicated that, on average, 25 consent applications are submitted for lands located within the City of Pickering, over the course of a year. Based on this average, staff expect to receive about two consent applications per month. Presently, the Committee of Adjustment is made up of five members. Staff believe that the current number of members is sufficient to assess two additional applications per hearing. Furthermore, the Committee Rules of Procedure set out a process to avoid tie votes, requiring an odd number of Committee members. For these reasons, the appointment of one new member to the Committee of Adjustment is not recommended. However, staff will continue to assess the functions of the Committee and determine if the new responsibilities warrant additional members. - 6 - PLN 40-23 December 4, 2023 Subject: Delegation of Land Division Responsibilities from Page 7 the Region of Durham to the City of Pickering 2.2 Staff recommend that Council direct staff to initiate an amendment to the Pickering Official Plan Minor amendments to the City’s Official Plan are required, to recognize the authority of the Committee of Adjustment to grant approval of both minor variance and consent for land severance applications, and to recognize the delegation of authority to the Director, City Development & CBO to grant approval of technical consent applications. Staff recommend that further amendments be made to set out the requirement for mandatory pre-consultation, prior to the submission of a consent application. This recommendation is in accordance with policies in the Region’s Official Plan, which requires an applicant to pre-consult with the Region’s Planning Department prior to the submission of an application for which the Region is the approval authority. 3. Next Steps As instructed by Regional Planning staff, the last day to file a consent application with the Regional Land Division Committee was October 20, 2023. As of December 1, 2023, new consent applications must be filed with the area municipality in which the property is located. To begin accepting applications, City staff have prepared new application forms for consent applications, which are available to the public on the City’s website, as of December 1, 2023. Regional Planning staff will provide training and support to Committee of Adjustment members, as well as provide ongoing support to City staff and Committee Members during this transition period. The tentative training date for Committee of Adjustment members is December 11, 2023, to be held at the Region’s headquarters. Staff recommend that Council authorize the appropriate City of Pickering officials to take such actions as are necessary to give effect to the recommendations in this report. Appendices: Appendix I Draft By-law to authorize the Committee of Adjustment to grant approval of minor variance and consent for land severance applications Appendix II Draft By-law to authorize the Director, City Development & CBO, or a designate, to grant approval of technical consent applications Appendix III Revised Terms of Reference pertaining to the expanded role of the Committee of Adjustment Attachment: 1. Region of Durham By-law 61-2023 - 7 - PLN 40-23 December 4, 2023 Subject: Delegation of Land Division Responsibilities from Page 8 the Region of Durham to the City of Pickering Prepared By: Original Signed By Isabel Lima Planner II Original Signed By Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO IL:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 8 - Appendix I to Report PLN 40-23 Draft By-law to authorize the Committee of Adjustment to grant approval of minor variance and consent for land severance applications - 9 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to constitute a Committee of Adjustment under the Planning Act, R.S.O. 1990 c. P13 Whereas the Council of The Regional Municipality of Durham has passed a by-law to delegate consent authority for land situated within an Area Municipality to the Council of that Area Municipality, pursuant to the provisions of Section 54 of the Planning Act; And whereas the Council of a Municipality may pass a by-law to constitute and appoint a Committee of Adjustment, and delegate to the Committee of Adjustment the authority or any part of such authority to deal with applications for consent and minor variance, pursuant to the provisions of Section 44 and 54 of the Planning Act; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Committee of Adjustment The City of Pickering Committee of Adjustment, consisting of five persons appointed by by-law, shall have the authority to grant consents for land severance and minor variances from the provisions of any by-law of the City that implements the Official Plan, and shall grant its permission to matters set out in Sections 44, 45, 53 and 54 of the Planning Act. 2. Transition By-law 2119/85 shall be repealed upon this By-law coming into effect. 3. Effective Date This By-law shall come into full force and effect on January 1, 2024. By-law passed this XX day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 10 - Appendix II to Report PLN 40-23 Draft By-law to authorize the Director, City Development & CBO, or a designate, to grant approval of technical consent applications - 11 - The Corporation of the City of Pickering By-law No. XXXX/23 Being a by-law to delegate to the Director, City Development & CBO authority of the Council of The Corporation of the City of Pickering, under the Planning Act, R.S.O. 1990 c. P13 Whereas the Council of The Regional Municipality of Durham has passed a by-law to delegate consent authority for land situated within an Area Municipality to the Council of that Area Municipality, pursuant to the provisions of Section 54 of the Planning Act; And whereas the Council of a Municipality may pass a by-law to delegate, to an appointed office identified in the by-law by name or position, the authority or any part of such authority to deal with applications for consent, pursuant to the provisions of Section 54 of the Planning Act; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Delegation of Authority The authority of the Council of The Corporation of the City of Pickering under Sections 53 and 54 of the Planning Act, related to the approval of technical consent applications (including easements, lot line adjustments, title validations, and leases or mortgages greater than 21 years), but excluding the authority to grant consents for land severance, is hereby delegated to the Director, City Development & CBO, or a designate. 2. Effective Date This By-law shall come into full force and effect on January 1, 2024. By-law passed this XX day of XXXX, 2023. ________________________________ Kevin Ashe, Mayor ________________________________ Susan Cassel, City Clerk - 12 - Appendix III to Report PLN 40-23 Revised Terms of Reference pertaining to the expanded role of the Committee of Adjustment - 13 - Terms of Reference – Committee of Adjustment Page 1 Terms of Reference Committee of Adjustment Amendments to the Terms of Reference are indicated in red font. 1.0 Mandate The Committee of Adjustment is an independent and autonomous quasi-judicial body made up of five citizen members appointed by City Council. The Committee performs its duties at “arm’s length” from City Council and operates under the authority of the Ontario Planning Act. The purpose of the Committee is to provide a forum for the expeditious consideration of consents for land severance and minor variances to the City’s zoning by-laws. The Committee is authorized by the Planning Act to consider applications for: Consents for Land Severance: Section 54 of the Planning Act • Consents to sever a piece of land to create a new parcel or parcels of land; Minor Variances: Sections 44 and 45 of the Planning Act • Minor variances from the provisions of the Zoning By-law; • Extensions, enlargements or variations of existing legal non-conforming uses under the Zoning By-law; and • Determine whether a particular use conforms with the provisions of the Zoning By-law where the uses of land, buildings or structures permitted in the by-law are defined in general terms. The Committee of Adjustment is also subject to the following statutes: • Municipal Act – This Act requires Committee of Adjustment Decisions to be made openly, in public, and at the hearing, and also requires the Committee to have a procedural by-law; and • Municipal Conflict of Interest Act – This Act sets a standard of good conduct for council and committee members, and defines situations when an individual council or committee member's personal interest or the interest of their immediate family conflict with the broader municipal interest. • Statutory Powers Procedures Act – This Act sets out minimum standards for conducting a hearing; - 14 - Terms of Reference – Committee of Adjustment Page 2 2.0 Goals, Objectives and Responsibilities Consents for Land Severance: Section 16.26 of the Pickering Official Plan allows a landowner to create up to three new lots through the consent/land division process. A landowner must make a request to Council to create more than three lots through the consent/land division process, otherwise an application for draft plan of subdivision is required. For the Committee to approve this type of application, Section 51(24) of the Planning Act requires that the members have regard for: • Consistency with the Provincial Policy Statement and Provincial Plans; • Whether the application is premature or in the public interest; • Whether the application conforms to the Region and City’s Official Plans; • The suitability of the land for the purposes for which it is to be divided; • The dimensions and shapes of the proposed lots; • The restrictions or proposed restrictions, if any, on the land proposed to be divided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; • Conservation of natural resources and flood control; • The adequacy of utilities and municipal services; and • The area of land, if any, to be conveyed or dedicated for public purposes. Minor Variances: The Zoning By-law regulates how land and buildings are used and where buildings and structures can be located. Zoning By-laws also specify lot sizes and dimensions, parking requirements, building heights and other regulations necessary to ensure proper and orderly development. Sometimes it is not possible or desirable to meet all of the requirements of the Zoning By-law. In that case, a property owner may apply for approval of a minor variance. A minor variance provides relief from a specific Zoning By-law requirement. The majority of minor variance applications typically dealt with by the Committee are requests for minor variances to the zoning by-law in which an applicant seeks relief from a specific requirement of the zoning by-law, such as a reduction in minimum yard width or an increase in maximum permitted building height. For the Committee to approve this type of application, Section 45(1) of the Planning Act requires that the members must be satisfied that the application: • Is considered to be a “minor” change from the Zoning requirements; • Is desirable for the appropriate development or use of the land, building or structure; • Maintains the general intent and purpose of the Official Plan; and • Maintains the general intent and purpose of the Zoning By-law. - 15 - Terms of Reference – Committee of Adjustment Page 3 Mandate: The Committee of Adjustment will accomplish its mandate by: 1. Reviewing the merits of the application, the documentation and evidence put forward, conducting site inspections and rendering decisions on the application, in accordance with the requirements of the Planning Act. 2. Complying with the applicable rules, regulations and policies for the Committee of Adjustment. 3.0 Composition The Committee of Adjustment is composed of the following: • 5 Citizen Appointments • City Support Staff – Secretary-Treasurer • City Support Staff – Assistant Secretary-Treasurer 4.0 Member Qualifications It is desired that the Committee develop community-focused outcomes while rendering decisions in accordance with the provisions of the Planning Act. Individuals should have a demonstrated commitment and interest in the community, and the committee membership should reflect a balanced representation from the areas of planning, construction and lay people. 5.0 Hearing Schedule The Committee of Adjustment hearings are held the second Wednesday of each month to consider consent for severance and minor variance applications. Hearings can be conducted in person, electronically or hybrid. On average, there are between four to eight applications scheduled for each hearing. The Committee Members will be provided with an agenda the Friday before the hearing, which contains a summary of the applications and all comments received through circulation of the application. Comments received after preparation of the agenda are shared with the Committee through the City’s ShareFile platform. The agenda also includes a report from the City Development Department on each consent for land severance and/or minor variance application. The Committee hearings are scheduled to start at 7:00 pm. The Secretary- Treasurer of the Committee of Adjustment or designate will attend the hearings to assist the Committee with interpretations or other technical details and the Assistant Secretary-Treasurer will be in attendance to take minutes. Committee of Adjustment hearings are also open to the public, and all applicants and any interested parties may attend the hearings to present comments or concerns. - 16 - Terms of Reference – Committee of Adjustment Page 4 Committee hearings are intended to be as informal and applicant-friendly as possible, however Rules of Procedure for the hearings are to be followed. As per Section 44(7) of the Planning Act, a Committee Member will be appointed to act as Chairperson for the hearings in order to provide a clear structure and process. The Committee of Adjustment must make a decision on each application as it is heard at the hearing, either for approval, refusal, deferral to another hearing or tabled indefinitely. All discussions among Committee members, and between Committee members and the applicant/public on applications are to take place at the hearing. The Committee may impose conditions that must be fulfilled as part of the approval of an application, or may approve an application with revisions, as long as those revisions result in a similar variance than what was originally applied for. In making a decision, the Committee must pass a resolution that clearly sets out the reasons for the decision. The City Development Department will provide a report providing a policy analysis and a recommendation on the application to assist the Committee in rendering decisions. Minutes of the hearings and the mailing of decisions of the Committee are coordinated by the Assistant Secretary-Treasurer. Each Committee of Adjustment decision is subject to a twenty-day appeal period during which the Committee’s decision may be appealed to the Ontario Land Tribunal by applicants, City Council, the Province, and public bodies. The City Development Department keeps City Council informed of all Committee of Adjustment decisions and appeals. 6.0 Budget Committee Members are paid in accordance with a City Council Resolution. Honorarium (Chair $150.00 per attended hearing, Member $140.00 per attended hearing, as per By-law 8004/23) and mileage (61 cents per kilometer) are paid on a bi-annual basis (January to June and July to December). - 17 - Attachment #1 to Report PLN 40-23 Authority: Report #2023-P-22 By-law Number 61-2023 of The Regional Municipality of Durham Being a by-law to delegate Regional Council’s Land Division responsibilities and authority to grant consents under the Planning Act to each of the Region’s Area Municipalities. Whereas Council of The Regional Municipality of Durham has all authority under section 50(1)(a) of the Planning Act to give consents in respect of land located within the geographical boundaries of the Regional Municipality of Durham. And Whereas Council of The Regional Municipality of Durham has the authority to, and has previously delegated to the Durham Land Division Committee its authority to deal with applications for consent under By-law 20-73 and By-law 19-2020 as authorized by section s.54(1) of the Planning Act. And whereas Council of The Regional Municipality of Durham may, by by-law, withdraw any such delegated authority. And whereas Council of The Regional Municipality of Durham may, in accordance with the provisions of s.54(1) of the Planning Act, delegate consent authority for the land situated within an Area Municipality to the Council of that Area Municipality. Now therefore, the Council of The Regional Municipality of Durham hereby enacts as follows: 1.Definitions In this by-law: a.“Area Municipality” shall mean the Town of Ajax, the Township of Brock, the Municipality of Clarington, the City of Oshawa, the City of Pickering, the Township of Scugog, the Town of Whitby, and the Township of Uxbridge; b.“Council” shall mean the council of the Region; c.“Planning Act” shall mean the Planning Act, R.S.O. 1990, c.P.13, as amended; d.“the Region” shall mean The Regional Municipality of Durham. 2.That subject to section 4, By-laws 20-73 and 19-2020 of the Region are hereby revoked effective December 31, 2023. 3.That subject to section 4, all authority of Council of the Region to grant consents and all other jurisdiction pursuant to section 50(1)(a) of the Planning Act, is hereby delegated to the council of each Area Municipality within the Region for lands situated within their local area municipal boundaries effective January 1, 2024. 4.Any application for consent received by the Durham Land Division Committee after 4:30pm October 20, 2023 will be forwarded to the applicable Area Municipal Council after passage of the by-law for processing. 5.As of January 1, 2024 the delegation powers as described herein shall apply in a - 18 - retroactive fashion any application where the Region’s Land Division Committee has not granted provisional consent. 6. As of January 1, 2024 the Commissioner of Planning and Economic Development or their designate shall retain s. 53(42) authority to grant a certificate for all applications for which the Regional Land Division Committee has granted provisional consent. 7. This By-law shall come into force and effect on the date of passage. This By-law Read and Passed on the 25th day of October, 2023. J. Henry, Regional Chair and CEO A. Harras, Regional Clerk - 19 - Report to Planning & Development Committee Report Number: PLN 41-23 Date: December 4, 2023 From: Kyle Bentley Director, City Development & CBO Subject: Bill 23: Provincial Legislation Changes to the Ontario Heritage Act and Priority Properties for Designation -File: A-3300-074 Recommendation: 1.That Council endorse the recommendations of the Heritage Pickering AdvisoryCommittee, dated September 27, 2023, to designate 1294 Kingston Road (LiverpoolHouse), 450 Finch Avenue (Dixon House), 1 Evelyn Avenue, 401 Kingston Road, and4993 Brock Road, under Section 29, Part IV of the Ontario Heritage Act; 2.That Council support the completion of Cultural Heritage Evaluation Reports for 1027-1031 Dunbarton Road, and 4953 Brock Road to determine their Cultural HeritageValue or Interest, and whether the properties are candidates for designation under Part IVof the Ontario Heritage Act; and 3. That appropriate City of Pickering officials be directed to take necessary actions to designate 1294 Kingston Road, 450 Finch Avenue, 1 Evelyn Avenue, 401 Kingston Road, and 4993 Brock Road under Section 29, Part IV of the Ontario Heritage Act, and includethe properties on the City of Pickering Municipal Heritage Register. Executive Summary: The purpose of this report is to inform Council of the legislative changes that were made to the Ontario Heritage Act by Bill 23, More Homes Built Faster Act, 2022. The Ontario Heritage Act now requires municipalities to either designate or remove non-designated properties from the City’s Municipal Heritage Register by January 1, 2025. City staff comprehensively reviewed the 2021 City of Pickering Municipal Heritage Register, identifying listed properties that are candidates for designation under Part IV of the Ontario Heritage Act. These comprise properties that: •are of considerable historic, aesthetic and/or contextual value; •are well-known locally; and •are of significance to regional or national communities. To meet the two-year designation timeline introduced through Bill 23, More Homes Built Faster Act, 2022, City staff and the Pickering Heritage Advisory Committee are recommending that Council consider the designation of the properties municipally known as 1294 Kingston Road (Liverpool House), 450 Finch Avenue (Dixon Farmhouse), 1 Evelyn Avenue, 1027-1031 Dunbarton Road, 401 Kingston Road, and 4993 Brock Road (Mitchell House) under Section 29, Part IV of the Ontario Heritage Act. Also recommended is the completion of - 20 - PLN 41-23 December 4, 2023 Subject: Bill 23: Provincial Legislation Changes to the Page 2 Ontario Heritage Act and Priority Properties for Designation Cultural Heritage Evaluation Reports for 1027-1031 Dunbarton Road and 4953 Brock Road to determine their Cultural Heritage Value or Interest. Designation of these priority properties under Part IV of the Ontario Heritage Act would ensure their long-term preservation and protection. Financial Implications: No direct financial implications for the City are associated with the recommended action to designate. Should a designation plaque be pursued, the estimated cost of $500.00 per property is provided in the staff recommended 2024 Heritage Pickering Budget. 1. Discussion: 1.1 Ontario Heritage Act Section 27 of the Ontario Heritage Act indicates that municipalities shall keep a register of properties situated in the municipality that are of Cultural Heritage Value or Interest. The register must contain all Part IV (individually designated properties) and Part V (properties within a Heritage Conservation District) properties. The register may also include properties that have not been designated, but that Council believes may have Cultural Heritage Value or Interest. These are commonly known as “listed” properties. Council must consult with its municipal heritage committee before including or removing a property on the register. 1.2 Changes and amendments to the Ontario Heritage Act through Bill 23, More Homes Built Faster Act, 2022 The enactment of Bill 23, More Homes Built Faster Act, 2022, altered Provincial legislation, including the Planning Act, Conservation Authorities Act, and the Ontario Heritage Act. The bill now mandates the removal of listed properties from the register without consultation with the Municipal Heritage Committee. Listing, a tool used by most municipalities with heritage registers, has been eliminated by Provincial legislation, requiring that such listed buildings are to be either designated under Part IV of the Ontario Heritage Act by January 1, 2025, or removed from the register for at least five years. Once these properties are removed, they will have no protection from demolition. As required by Bill 23, properties considered for designation are evaluated against the ‘Criteria for Determining Cultural Heritage Value or Interest’ in Ontario Regulation 9/06. Before Bill 23, a property was only required to meet one of three criteria as outlined in Ontario Regulation 9/06. The updated regulation requires that each property meet at least two of the nine criteria before it can be considered for designation under the Ontario Heritage Act. - 21 - PLN 41-23 December 4, 2023 Subject: Bill 23: Provincial Legislation Changes to the Page 3 Ontario Heritage Act and Priority Properties for Designation 1.3 City of Pickering Municipal Heritage Register The City has a Municipal Heritage Register, which includes an official list of properties of Cultural Heritage Value or Interest within the City of Pickering, which includes: • non-designated or “listed” properties; • individually designated properties (Part IV designated under the Ontario Heritage Act); and • properties located within the boundaries of a Heritage Conservation District (Part V designated under the Ontario Heritage Act). The City of Pickering Municipal Heritage Register includes approximately 50 properties designated under Part IV and V of the Ontario Heritage Act, and 101 non-designated properties (“listed properties”). All of the listed properties were added to the register prior to the introduction of Bill 23. Therefore, the two-year time limit for each listed property concludes on January 1, 2025, the two-year anniversary of Bill 23 taking effect. Of the 101 non-designated properties, 77 are identified to be on federally owned property, and 16 are on provincially owned properties. Although Part IV of the Ontario Heritage Act allows municipalities to designate properties, the enforcement authority does not extend to provincially or federally owned lands. Accordingly, should Council pass a designation by-law for lands under provincial or federal ownership, the owner is not obligated to comply with the by-law. If the property is sold to a private owner, however, the owner would be obligated to comply with the designation by-law. As a result, the City of Pickering is undertaking a comprehensive review of the non-designated, privately owned properties included on the Municipal Heritage Register to identify candidates for heritage designation before the two-year deadline. 1.4 The City of Pickering Municipal Heritage Register was reviewed by City staff A total of eight privately owned properties are listed on the 2021 City of Pickering Municipal Heritage Register (see Location Maps, Attachments #1 to #8): • 1294 Kingston Road (Liverpool House); • 450 Finch Avenue (Dixon Farmhouse); • 1 Evelyn Avenue (Law Office); • 401 Kingston Road (Montessori Learning Centre); • 4993 Brock Road (Mitchell House); • 1027-1031 Dunbarton Road (George Falconer House and Shop); • 1255 Whitevale Road; and • 301 Kingston Road. One property, 4953 Brock Road (Brougham Union Mason Lodge), is subject to a municipal heritage easement, but is not listed on the Municipal Heritage Register (see Location Map, Attachment #9). - 22 - PLN 41-23 December 4, 2023 Subject: Bill 23: Provincial Legislation Changes to the Page 4 Ontario Heritage Act and Priority Properties for Designation 1255 Whitevale Road was recently demolished to facilitate the construction of a residential subdivision and Peter Matthews Drive. No further action is required for de-listing 1255 Whitevale Road, as it will automatically be removed from the register in 2025. The potential designation of 301 Kingston Road is being considered separately from the five properties discussed in this report. 1.5 Heritage evaluations have been completed for five of the listed properties Cultural Heritage Evaluation Reports and Heritage Impact Assessments have been previously completed for the following properties: • 1294 Kingston Road (Liverpool House); • 450 Finch Avenue (Dixon Farmhouse); • 1 Evelyn Avenue (Law Office); • 401 Kingston Road (Montessori Learning Centre); and • 4993 Brock Road (Mitchell House). All five properties were found to meet at least two of the criteria outlined in Ontario Regulation 9/06, Criteria for Determining Cultural Heritage Value or Interest, making them candidates for designation under Part IV of the Ontario Heritage Act. 1.6 Two properties require an assessment using Ontario Regulation 9/06 The Cultural Heritage Value or Interest of two listed properties, 1027-1031 Dunbarton Road (George Falconer House and Shop), and 4953 Brock Road (Brougham Union Mason Lodge), have not been evaluated under Ontario Regulation 9/06. A Cultural Heritage Evaluation Letter was completed by ERA in 2016 for 1027 Dunbarton Road, however, an evaluation using Ontario Regulation 9/06 was not completed for the property. It is recommended that Cultural Heritage Evaluation Reports be prepared in accordance with the Ministry of Citizenship and Multiculturalism’s Standards and Guidelines for Conservation of Provincial Heritage Properties (2010), and Heritage Identification and Evaluation Process (2014). The primary purpose of these reports is to evaluate the properties using Ontario Regulation 9/06 to determine if they retain Cultural Heritage Value or Interest and determine whether these properties warrant designation under Part IV of the Ontario Heritage Act. 1.7 Priorities for Part IV Designation under the Ontario Heritage Act 1.7.1 Liverpool House This property is located at the northwest corner of Kingston Road and Liverpool Road (see Location Map, 1294 Kingston Road, Attachment #1, Photograph 1). - 23 - PLN 41-23 December 4, 2023 Subject: Bill 23: Provincial Legislation Changes to the Page 5 Ontario Heritage Act and Priority Properties for Designation Photograph 1: 1294 Kingston Road (Source: ERA, 2020) The principal-built heritage feature on the site consists of a two-storey former hotel building, built of red brick with a polychrome cornice, lintels, and quoining. The building’s roof is flat, with a street facing ornamental parapet. The building features a porch that wraps around the south and east elevations. The hotel was known as both the Liverpool Arms Inn, and the Liverpool House, throughout its tenure. The hotel building, which exhibits many of the typological features of the highway side inn, illustrates the theme of hotel-and-tavern establishments along high-order corridors between urban centres, as well as the theme of small community development at the junctures of concession lines, sideroads, and highways between communities. The property at 1294 Kingston Road offers further design value as a representative example of the Italianate-style applied to a commercial hotel building. The hotel is considered a local landmark through its appearance as a representative historic building at a prominent intersection in Pickering. The property meets the Ontario Regulation 9/06, Criteria for Determining Cultural Heritage Value or Interest, under the categories of design, associative and contextual value. For these reasons, the property is worthy of designation under Section 29, Part IV of the Ontario Heritage Act for its Cultural Heritage Value or Interest. In 2019, the Altona Group submitted a Zoning By-law Amendment (A 08/19) for 1294 Kingston Road (Liverpool House), and 1848 and 1852 Liverpool Road. The development proposed the removal and replacement of two existing buildings at 1848 and 1852 Liverpool Road with a 25-storey mixed-use tower, setback atop a six-storey podium, and a 13-storey mid-rise building at the north portion of the site. The existing Old Liverpool House is proposed to be relocated approximately 16 metres south, restored, and rehabilitated for integration with the proposed development. New pedestrian walkways, landscaped areas and a publicly accessible plaza would accompany the proposed new development. - 24 - PLN 41-23 December 4, 2023 Subject: Bill 23: Provincial Legislation Changes to the Page 6 Ontario Heritage Act and Priority Properties for Designation Following the Statutory Public Meeting, in December 2019, staff have had limited discussions with the applicant regarding their development proposal. The applications are currently inactive. 1.7.2 Dixon Farmhouse The property at 450 Finch Avenue, known as the Dixon Farmhouse, is located on the north side of Finch Avenue, west of Rosebank Road (see Location Map, 450 Finch Avenue, Attachment #2, Photograph 2). Photograph 2: 450 Kingston Road (Source: ERA, 2020) The property exhibits design value as a representative example of a mid-nineteenth century farmhouse built in Pickering, Ontario. Built in 1858 in rural Pickering Township, the building reflects the typological features of a mid-nineteenth century farmhouse through its one-and-a-half-storey side-gabled form, its Georgian stylistic elements, its stone construction, and its location and orientation in relation to Finch Avenue. The property is associated with the Dixon family, early settlers of Pickering Township. Benjamin Dixon acquired the south portion of the 200-acre lot in 1847, and the Dixon family retained tenure on the property for almost a century, until 1945. Like other early settlers, the Dixon family contributed to the construction and maintenance of roads and bridges within the Township into the twentieth century. The property meets the Ontario Regulation 9/06, Criteria for Determining Cultural Heritage Value or Interest, under the categories of design and associative value. For these reasons, the property is worthy of designation under Section 29, Part IV of the Ontario Heritage Act for its Cultural Heritage Value or Interest. In September 2023, Council endorsed applications for Draft Plan of Subdivision (SP-2020-02) and Zoning By-law Amendment (A 10/20), submitted by Pickering Forest Inc., to establish a residential plan of subdivision, consisting of 31 lots for detached dwelling fronting Rougewalk Drive and Mahogany Court. - 25 - PLN 41-23 December 4, 2023 Subject: Bill 23: Provincial Legislation Changes to the Page 7 Ontario Heritage Act and Priority Properties for Designation The Dixon Farmhouse is proposed to be relocated 8.8 metres south and 7.0 metres east from its original location to the proposed Lot 28, an approximately 730 square. metre lot. The rear porch addition is proposed to be removed and salvaged, and a two-storey contemporary addition with an integrated garage is proposed to be built off the rear. The proposed development for 450 Finch Avenue is currently active, and the Draft Plan of Subdivision is awaiting the issuance of draft plan approval. Several conditions were included as part of draft plan approval, including the Owner’s obligation to retain and relocate the Dixon Farmhouse to Lot 28 within Draft Plan of Subdivision. The owner also agreed to permit the designation of Lot 28 and structures within Draft Plan of Subdivision SP-2020-02 under Part IV of the Ontario Heritage Act, to the satisfaction of the Director, City Development & CBO. The Part IV designation of 450 Finch Avenue must be completed prior to January 1, 2025, or it will be removed from the Municipal Heritage Register and will not be eligible for re-listing or designation until January 1, 2030. 1.7.3 1 Evelyn Avenue (Law Office) This property is located on the southeast corner of Kingston Road and Evelyn Avenue, west of Fairport Road (see Location Map, 1 Evelyn Avenue, Attachment #3, Photograph 3). It currently contains a two-storey building and outbuilding, connected by a one-storey addition. Photograph 3: 1 Evelyn Avenue (Source: City of Pickering, 2020) The building is an example of an early twentieth century bungalow in Pickering. The former dwelling (now a law office) is clad in a combination of red brick and multi-colour fieldstone. The main body of the wall consists of fieldstone with brick quoins and a brick quoin treatment at the window and door jams (brick design surrounding these elements). The windows on the first storey appear to be wood and are a mix of single and double-hung sash types. The building reflects the early twentieth century residential development in Pickering. - 26 - PLN 41-23 December 4, 2023 Subject: Bill 23: Provincial Legislation Changes to the Page 8 Ontario Heritage Act and Priority Properties for Designation The property meets the Ontario Regulation 9/06, Criteria for Determining Cultural Heritage Value or Interest, under the categories of design and contextual value. For these reasons, the property is worthy of designation under Section 29, Part IV of the Ontario Heritage Act for its Cultural Heritage Value or Interest. There are no current development applications for 1 Evelyn Avenue. However, the property is located within the Kingston Road Corridor and Specialty Retailing Node Intensification Plan, an area of projected growth, primarily through intensification of the existing urban/built-up area of the City. 1.7.4 401 Kingston Road (Montessori Learning Centre) This property is located on the south side of Kingston Road, east of Rougemount Drive (see Location Map, 401 Kingston Road, Attachment #4, Photograph 4). The property contains a one-and-a-half-storey dwelling, converted to a Montessori learning centre, and two other contemporary buildings associated with the Montessori. Photograph 4: 301 Kingston Road (Source: City of Pickering 2020) The building is a representative example of an early twentieth century bungalow in Pickering. It is a one-and-a-half-storey wood frame building with a side gable roof and a front-facing dormer. The building is clad in a combination of red brick and fieldstone. The fieldstone treatment on the exterior walls is a unique quality of the building, where the fieldstone extends up from the foundation to the top of the windowsill, and the remainder of the exterior walls are clad in an extruded red brick. The windows are wood with a mix of fixed and single-hung sash types. A single red brick chimney is extant on the west wall. The interior layout is largely intact, displaying a traditional three-bedroom house with original wood trim, baseboards, window and door casings, doors, windows, wood floors on the first floor, stairs, and fireplace mantle. The building reflects the pattern of early twentieth century residential development along Kingston Road in Pickering. The property meets the Ontario Regulation 9/06, Criteria for Determining Cultural Heritage Value or Interest, under the categories of design and contextual value. For - 27 - PLN 41-23 December 4, 2023 Subject: Bill 23: Provincial Legislation Changes to the Page 9 Ontario Heritage Act and Priority Properties for Designation these reasons, the property is worthy of designation under Section 29, Part IV of the Ontario Heritage Act for its Cultural Heritage Value or Interest. There are no current development applications for 401 Kingston Road. However, the property is located within the Kingston Road Corridor and Specialty Retailing Node Intensification Plan, an area of projected growth, primarily through intensification of the existing urban/built-up area of the City. 1.7.5 Mitchell House This property is located on the east side of Brock Road, south of Central Street (see Location Map, 4993 Brock Road, Attachment #5, Photograph 5). Photograph 5: Source: Google Streetview, 2023 The Mitchell House possesses design/physical value as a representative example of an Ontario Gothic Cottage. The house is of a simple rectangular form surmounted by a front-to-back pitched roof with a large central gable over the front door. A pointed window is located in the central gable, which is topped with a small final. The roof includes a small overhanging eaves trimmed to the wall. A small addition with a salt box roof is located on the rear elevation. Flat wood pilasters surround the centrally placed entrance with a simple block base, topped with a decorative entablature. The construction of the building in the early 1850s makes it one of the earliest buildings constructed in Claremont, a village that was settled in the 1840s. It is one of the few original buildings remaining in Claremont that anchor the village in time. - 28 - PLN 41-23 December 4, 2023 Subject: Bill 23: Provincial Legislation Changes to the Page 10 Ontario Heritage Act and Priority Properties for Designation The property meets the Ontario Regulation 9/06, Criteria for Determining Cultural Heritage Value or Interest, under the categories of design and contextual value. For these reasons, the property is worthy of designation under Section 29, Part IV of the Ontario Heritage Act for its Cultural Heritage Value or Interest. The lands are subject to an active application for Site Plan Approval (S 05/18 (R23)). The application proposes a two-storey addition to the existing structure. The addition is proposed to compliment the architectural design and materials of the existing structure. 2. Heritage Pickering recommends the Part IV designation of listed five properties and the completion of two Cultural Heritage Evaluation Reports On September 27, 2023, City Development staff consulted with the Heritage Pickering Advisory Committee on the review and update of the Municipal Heritage Register, advising that there were five listed properties that are candidates for designation under Part IV of the Ontario Heritage Act, they include: • 1294 Kingston Road (Liverpool House); • 450 Finch Avenue (Dixon Farmhouse); • 1 Evelyn Avenue (Law Office); • 401 Kingston Road (Montessori Learning Centre); and • 4993 Brock Road (the Mitchell House). Heritage Pickering Advisory Committee passed a motion that Council designate the properties under Section 29 of the Ontario Heritage Act. The Heritage Pickering Advisory Committee also endorsed completing Cultural Heritage Evaluation Reports for 1027-1031 Dunbarton Road and 4953 Brock Road. Staff concur with the recommendations of Heritage Pickering, and notified the Committee that staff would bring the recommendation for Council consideration in December 2023. 3. Designation of properties aligns with City of Pickering Official Plan policies The City of Pickering Official Plan sets out broad goals and objectives related to significant cultural heritage resources. A key objective of Council is to identify important heritage resources from all time periods, so they can be appropriately conserved and integrated into the community fabric. Section 8.4 of the Official Plan also states that City Council, in consultation with its Heritage Committee, where warranted shall implement the provisions of the Ontario Heritage Act, including the designation under the Act of heritage sites and heritage districts. 4. Consultation with Property Owners The Ontario Heritage Act aims to strike a balance between public interests and property owner rights when designating individual properties, with the goal of preserving significant built heritage resources for community benefit. Although the Ontario Heritage Act does not require the consent or consultation with the property owner for a designation to occur, City staff has notified the property owners via regular mail of the intent to designate. - 29 - PLN 41-23 December 4, 2023 Subject: Bill 23: Provincial Legislation Changes to the Page 11 Ontario Heritage Act and Priority Properties for Designation Letters were sent via regular mail on October 30, 2023, and at the time this report was written, no responses or objections have been received. 5. Conclusion Part IV or Part V designation of a property under the Ontario Heritage Act gives Council the power to prevent the demolition of a building or structure on a heritage property. The owner of a designated property must obtain written consent from Council prior to the demolition of building on a heritage property. Additionally, owners of properties designated under Part IV of the Ontario Heritage Act require a Heritage Permit for most alterations, the construction of new buildings and hard landscaping. Staff concur with the recommendations of the Heritage Pickering Advisory Committee and recommend that Council designate 1294 Kingston Road; 450 Finch Avenue, 1 Evelyn Avenue, 401 Kingston Road (Montessori Learning Centre), and 4993 Brock Road under Section 29, Part IV of the Ontario Heritage Act. In keeping with the recommendations of Heritage Pickering, staff recommend that Council approve the completion of Cultural Heritage Evaluation Reports for 1027-1031 Dunbarton Road, and 4993 Brock Road, to determine if the properties are candidates for designation under Part IV of the Ontario Heritage Act. Attachments: 1. Location Map, 1294 Kingston Road 2. Location Map, 450 Finch Avenue 3. Location Map, 1 Evelyn Avenue 4. Location Map, 401 Kingston Road 5. Location Map, 4993 Brock Road 6. Location Map, 1027-1031 Dunbarton Road 7. Location Map, 1255 Whitevale Road 8. Location Map, 301 Kingston Road 9. Location Map, 4953 Brock Road - 30 - PLN 41-23 December 4, 2023 Subject: Bill 23: Provincial Legislation Changes to the Page 12 Ontario Heritage Act and Priority Properties for Designation Prepared By: Original Signed By Emily Game, BA, CAHP Senior Planner, Heritage Original Signed By Nilesh Surti, MCIP, RPP Division Head, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO EG:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer - 31 - Attachment #1 to Report PLN 41-23 B o wl e r Drive Glenanna Road Gle n d a l e D r i v e Liverpool Road Fie l d l i g h t B o u l e v a r d Ma l d e n C r e s c e n t Kin gston R o a d Charl otte Circle P ic k e ri n g P a r k w a y Br o n t e S q u a r e DavidFarr Park South PineCreekRavine 1:4,000 SCALE:© The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment File: THIS IS NOT A PLAN OF SURVEY. Date: Sep. 07, 2023 ¯ E SubjectLands L:\PLANNING\01-MapFiles\01-City Development\A-3300-074 Municipal Heritage Register\2023 Heritage Register Update\1294KingstonRd_LocationMap.mxd Location Map Municipal Address:Municipal Heritage Register Review and Update1294 Kingston Road - 32 - Attachment 2 to Report PLN 41-23 Amberlea Road Saugeen Drive Finch Avenue Ro s e b a n k R o a d Wi l d f l o w e r D r i v e SummerPark SequinPark 1:6,000 SCALE:© The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Location MapFile:Municipal Address:Municipal Heritage Register Review and Update THIS IS NOT A PLAN OF SURVEY. Date: Sep. 07, 2023 ¯ E 450 Finch Avenue SubjectLands L:\PLANNING\01-MapFiles\01-City Development\A-3300-074 Municipal Heritage Register\2023 Heritage Register Update\450FinchAve_LocationMap.mxd HydroLands HydroLands HydroLands - 33 - Attachment #3 to Report PLN 41-23 Rougemoun t D r i v e Ro s e b a n k R o a d Hig h w a y 4 0 1 Ev e l y n A v e n u e Toynevale Road Dalewood Drive K in g st o n R o a d Ch a n t i l l y R o a d Frontier Court Granite Court Rouge Hill Court Old Forest RoadEastWoodlandsParkSouthPetticoatRavine 1:4,000 SCALE:© The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Location MapFile:Municipal Address:Municipal Heritage Register Review and Update THIS IS NOT A PLAN OF SURVEY. Date: Sep. 07, 2023 ¯ E 1 Evelyn Avenue SubjectLands L:\PLANNING\01-MapFiles\01-City Development\A-3300-074 Municipal Heritage Register\2023 Heritage Register Update\1EvelynAve_LocationMap.mxd- 34 - Attachment #4 to Report PLN 41-23 Rougemount Drive Toynevale Road Ev e l y n A v e n u e Ch a n t i l l y R o a d Da h l i a C r e s c e n t Oa k w o o d D r i v e Frontier Court LyttonCourt Da l e w o o d D r i v e O l d F o r e s t R o a d Highway 40 1 Rouge Hill Court Kingston Road EastWoodlandsParkSouthPetticoatRavine 1:4,000 SCALE:© The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Location MapFile:Municipal Address:Municipal Heritage Register Review and Update THIS IS NOT A PLAN OF SURVEY. Date: Sep. 07, 2023 ¯ E 401 Kingston Road SubjectLands L:\PLANNING\01-MapFiles\01-City Development\A-3300-074 Municipal Heritage Register\2023 Heritage Register Update\401KingstonRd_LocationMap.mxd- 35 - Attachment #5 to Report PLN 41-23 Wix s o n S t r e e t Broc k R o a d Do w S t r e e t Central Street Henry Street David Street Wellington Street Joseph Street Vic t o r i a S t r e e t Claremont Memorial Park 1:2,000 SCALE:© The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Location MapFile:Municipal Address:Municipal Heritage Register Review and Update THIS IS NOT A PLAN OF SURVEY. Date: Sep. 07, 2023 ¯ E 4993 Brock Road SubjectLands L:\PLANNING\01-MapFiles\01-City Development\A-3300-074 Municipal Heritage Register\2023 Heritage Register Update\4993BrockRd_LocationMap.mxd- 36 - Attachment #6 to Report PLN 41-23 SpartanCourt Cloudber r y C o u r t D u n c h u r c h S t r e e t Dunbart o n R o a d Rambleb e r r y A v e n u e Highway 401 Kingston Road DalewoodRavine DalewoodRavine 1:2,000 SCALE:© The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Location MapFile:Municipal Address:Municipal Heritage Register Review and Update THIS IS NOT A PLAN OF SURVEY. Date: Sep. 07, 2023 ¯ E 1027-1031 Dunbarton Road SubjectLands L:\PLANNING\01-MapFiles\01-City Development\A-3300-074 Municipal Heritage Register\2023 Heritage Register Update\1027-1031DunbartonRd_LocationMap.mxd- 37 - Attachment #7 to Report PLN 41-23 Alexander Knox Road Pe t e r M a t t h e w s D r i v e Whitevale Road 1:4,000 SCALE:© The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Location MapFile:Municipal Address:Municipal Heritage Register Review and Update THIS IS NOT A PLAN OF SURVEY. Date: Oct. 25, 2023 ¯ E 1255 Whitevale Road SubjectLands L:\PLANNING\01-MapFiles\01-City Development\A-3300-074 Municipal Heritage Register\2023 Heritage Register Update\1255 Whitevale Rd_LocationMap.mxd- 38 - Attachment #8 to Report PLN 41-23 Ro ugemountDrive Fawndale Road Valley Gate Alt o n a R o a d Le k a n i C o u r t Toynevale Road Wi n e t t e R o a d Pin e Rid g e R o a d Rouge Hill Court D a l e w o o d D r i v e K i n g s t o n R o a d Brookridge Gate Highway 4 0 1 Ly t t o n C o u r t Ri v e r v i e w C r e s c e n t 1:4,000 SCALE: © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location MapFile:Property Description:A-3300-076 THIS IS NOT A PLAN OF SURVEY. Date: Nov. 20, 2019 ¯ E Pt Lot 32, B.F.C. Range 3 SubjectLands L:\PLANNING\01-MapFiles\Other\CityDevelopment\Heritage\301KingstonRd_LocationMap.mxd (301 Kingston Road) City of Toronto - 39 - Attachment #9 to Report PLN 41-23 Central Street Br o c k R o a d Ba r c l a y S t r e e t Wix s o n S t r e e t Do w S t r e e t Wellington Street Vi c t o r i a S t r e e t Acorn Lane ClaremontMemorial Park 1:2,000 SCALE:© The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal Property Assessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment Location MapFile:Municipal Address:Municipal Heritage Register Review and Update THIS IS NOT A PLAN OF SURVEY. Date: Sep. 08, 2023 ¯ E 4953 Brock Road SubjectLands L:\PLANNING\01-MapFiles\01-City Development\A-3300-074 Municipal Heritage Register\2023 Heritage Register Update\4953BrockRd_LocationMap.mxd- 40 -