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HomeMy WebLinkAboutDecember 4, 2023 Draft Planning & Development Committee Meeting Minutes December 4, 2023 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Butt 1 Present: Mayor Kevin Ashe Councillors: M. Brenner S. Butt L. Cook M. Nagy D. Pickles L. Robinson Also Present: M. Carpino - Chief Administrative Officer K. Bentley - Director, City Development & CBO P. Bigioni - Director, Corporate Services & City Solicitor C. Rose - Chief Planner N. Surti - Division Head, Development Review & Urban Design I. Lima - Planner II E. Game - Senior Planner, Heritage D. Wylie - Manager, Zoning & Administration C. Redmond - (Acting) Deputy Clerk A. MacGillivray - Committee Coordinator 1. Call to Order/Roll Call The (Acting) Deputy Clerk certified that all Members of Council were present and participating in-person. 2. Disclosure of Interest No disclosures of interest were noted. 3. Delegations Moved by Councillor Brenner Seconded by Councillor Cook That the rules of procedure be suspended to allow one additional delegation, under Section 3 of the Agenda, regarding Report PLN 41-23. Draft Planning & Development Committee Meeting Minutes December 4, 2023 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Butt 2 Carried on a Two-Thirds Vote 3.1 Dan Currie, Partner, MHBC Planning Re: Report PLN 41-23 Bill 23: Provincial Legislation Changes to the Ontario Heritage Act and Priority Properties for Designation Dan Currie, Partner, MHBC Planning joined the hybrid electronic meeting via video connection and spoke to Report PLN 41-23. Mr. Currie noted that he had provided a letter to Members of the Committee prior to the Meeting and requested that the Committee defer its decision on the designation of 401 Kingston Road as a heritage property citing that the City had not adequately demonstrated that the property meets at least two criteria to be designated under the Ontario Heritage Act. He stated that staff had identified that the property meets two criteria based on a Cultural Heritage Report prepared in 2020, which he felt did not address the contextual attributes of the property. Mr. Currie indicated that the property needed to be evaluated further before proceeding with designation of 401 Kingston Road. A question and answer period ensued between Members of the Committee and Mr. Currie regarding whether the applicant intended to work with City staff to further evaluate the property. 3.2 Emma Cohlmeyer, ERA Architects Re: Report PLN 41-23 Bill 23: Provincial Legislation Changes to the Ontario Heritage Act and Priority Properties for Designation Emma Cohlmeyer, ERA Architects joined the hybrid electronic meeting via video connection and spoke to Report PLN 41-23. Ms. Cohlmeyer noted the letter that had been provided to the Committee on behalf of the owner of 1294 Kingston Road (The Liverpool House) and advised the Committee that the owner continues to collaborate with City staff regarding the planned development for the site. A question and answer period ensued between Members of the Committee and Ms. Cohlmeyer regarding the status of the application proposed for 1294 Liverpool Road and clarification regarding the applicant’s intention to make a resubmission for the application in the coming months. 4. Planning & Development Reports 4.1 Director, City Development & CBO, Report PLN 40-23 Delegation of Land Division Responsibilities from the Region of Durham to the City of Pickering Draft Planning & Development Committee Meeting Minutes December 4, 2023 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Butt 3 A question and answer period ensued between Members of the Committee and staff regarding: • the delegated authority on statutory planning matters that had already been delegated to the Director, City Development & CBO; and, • concerns regarding Council relinquishing decision making duties to staff or unelected persons. I. Lima, Planner II appeared before the Committee, and through the aid of a PowerPoint presentation spoke to Report PLN 40-23. Ms. Lima spoke to Region of Durham’s decision to delegate land division and consent responsibilities to the City, and the preceding decision of the Province to relinquish planning responsibilities from upper-tier municipalities through Bill 23. She explained the various types of land severance matters and outlined staff’s recommendation regarding the delegation of authority on these matters to the Committee of Adjustment. Ms. Lima concluded her presentation explaining the timelines and next steps in the process should Council approve the delegation of authority for land severance matters. K. Bentley, Director, City Development & CBO spoke to the Committee of Adjustment’s experience and capability of considering land severance matters and noted that the delegation of technical consent applications to the Director, City Development & CBO would provide for a streamlined approach for processing those types of applications. Mr. Bentley concluded his remarks indicating that should there be an objection by the public on a technical application, that there would be opportunity for the Committee of Adjustment to consider the matter. A question and answer period ensued between Members of the Committee and staff regarding: • clarification that land severance applications were previously handled by the Durham Region Land Division Committee and not Regional Council; • whether the Region of Durham intended to delegate the authority of land severance to the elected members of lower-tier municipal Councils; • concerns regarding whether an appointed body handling these matters would best represent the interests of the community; • concerns regarding potential lack of transparency and public input; • concerns regarding the Committee of Adjustment currently holding meetings solely in an electronic format; • concerns regarding the accountability and integrity of Committee of Adjustment members and their ability to be influenced by Members of Council, developers, property owners, friends, City staff, and their employers; Draft Planning & Development Committee Meeting Minutes December 4, 2023 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Butt 4 • the mechanisms in place to address any concerns that may arise regarding a Member of the Committee of Adjustment being influenced; • the Committee of Adjustment’s current practice of not discussing applications prior to Committee hearings; • clarification that Members of the Committee of Adjustment are held to the standards set out in the City’s Code of Conduct Policy ADM 070; • clarification that the City’s Integrity Commissioner would investigate any alleged contraventions of the Code of Conduct by Committee of Adjustment members; • whether a complainant to the City’s Integrity Commissioner would have the opportunity to undertake a judicial review if they were unsatisfied with the Integrity Commissioner’s findings; • clarification regarding the difference between technical and non-technical land division matters; • clarification that Council would continue to receive Notices of Decision and whether there would be the opportunity for Council to pull Notices of Decision for consideration at a meeting; • clarification regarding the appeal process for land severance matters to the Ontario Land Tribunal (OLT); • clarification regarding the membership composition of the Committee of the Adjustment being Council appointed members of the public; • whether Committee of Adjustment has previously been accused of collusion or corruption in the past; • clarification regarding which parties are eligible to appeal decisions to the OLT; • clarification that Committee of Adjustment meetings are open to the public despite being solely held in an electronic format; and, • clarification that notices of hearings are circulated to property owners within 65 meters of a subject property. Recommendation: Moved by Councillor Brenner Seconded by Councillor Robinson 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; Draft Planning & Development Committee Meeting Minutes December 4, 2023 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Butt 5 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. Carried on a Recorded Vote as Follows: Yes No Mayor Ashe Councillor Robinson Councillor Brenner Councillor Butt Councillor Cook Councillor Nagy Councillor Pickles 4.2 Director, City Development & CBO, Report PLN 41-23 Bill 23: Provincial Legislation Changes to the Ontario Heritage Act and Priority Properties for Designation A question and answer period and discussion ensued between Members of the Committee and staff regarding: • the current use of 401 Kingston Road as a Montessori school; • the understanding that the owner of 401 Kingston Road had intent to further discuss the merits of designating the property with City staff; and, Draft Planning & Development Committee Meeting Minutes December 4, 2023 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Butt 6 • whether the property owner was satisfied with the proposed designation of 1 Evelyn Avenue. Brian Hawke, a representative for the owner of 1 Evelyn Avenue, was invited to appear before the Committee and indicated his opposition to the heritage designation of the property. Mr. Hawke requested the designation of the property be deferred until further investigation could be undertaken. A question and answer period and discussion ensued between Members of the Committee and staff regarding: • clarification regarding past Councils’ decisions pertaining to 1 Evelyn Avenue; • clarification regarding the current status of the property at 301 Kingston Road; • concerns regarding the structural integrity of the building at 301 Kingston Road; • the understanding that the owner of 301 Kingston Road was undertaking a structural assessment and additional heritage studies of the property; • whether the development application on the site of the Liverpool House was still active; and, • the potential movement of the Liverpool House and clarification that the House had been moved in the past. Recommendation: Moved by Councillor Pickles Seconded by Councillor Brenner 1. That Council endorse the recommendations of the Heritage Pickering Advisory Committee, dated September 27, 2023, to designate 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; 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 Draft Planning & Development Committee Meeting Minutes December 4, 2023 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Butt 7 IV of the Ontario Heritage Act, and include the properties on the City of Pickering Municipal Heritage Register. Carried Later in the Meeting (See Following Motions) Moved by Councillor Pickles Seconded by Councillor Brenner That Items 1 and 3 of the staff recommendation be amended by deleting “401 Kington Road” and that the following be added as a new clause 3 and that the staff recommendation be renumbered accordingly: That appropriate City of Pickering officials further investigate the merits of designating 401 Kingston Road under Section 29, Part IV of the Ontario Heritage Act, and report back to Council by no later than the first quarter of 2024. Carried Moved by Councillor Brenner Seconded by Councillor Robinson 1. That Items 1 and 3 of the staff recommendation be amended by deleting “1 Evelyn Avenue”; and, 2. That “1 Evelyn Avenue” be added to the new clause 3 of the recommendation as outlined in the previous amendment. Carried The Main Motion, as amended, was then Carried 5. Member Updates on Committees There were no Committee updates from Members. 6. Other Business 6.1 Councillor Robinson gave Notice of Motions that she would be bringing forward regarding flag raisings, the changeroom policy at Chestnut Hill Development Recreation Complex, and age-appropriate events. 7. Adjournment Draft Planning & Development Committee Meeting Minutes December 4, 2023 Hybrid Electronic Meeting – 7:00 pm Chair: Councillor Butt 8 Moved by Councillor Robinson Seconded by Councillor Cook That the meeting be adjourned. Carried The meeting adjourned at 8:05 p.m.