Regular Council Meeting Agenda October 28, 2019 – 7:00 PM Council Chambers Whitby Town Hall
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Call to Order: The Mayor
Call of the Roll: The Clerk
1. Declarations of Pecuniary Interest
2. Adoption of Minutes
2.1 Regular Council - September 23, 2019 14 - 64 Special Council - September 27, 2019 Special Council - September 30, 2019 Special Council - October 7, 2019 (Confidential Minutes under Separate Cover) Special Council - October 21, 2019
3. Presentations
3.1 Remembrance Day Colour Guard comprised of members of Whitby Legion Branch 112 and Brooklin Legion Branch 152
3.2 Eniola Olaoye Award/Recognition: 2019 Whitby Junior Fire Chief
3.3 Annual Address by John Henry, Regional Chair and CEO, Regional Municipality of Durham
4. Delegations
4.1 Sean Male and Anna Rita Barbosa representing Optilinx Systems Inc. Re: Planning and Development Department Report, PL 65-19 Whitby Official Plan Amendment and Zoning By-Law Amendment Applications for 4560 Thickson Road North (Optilinx) Files: DEV-01-16, OPA-2016-W/04, Z-19-16; Regional Official Plan Amendment Application (Optilinx) Regional File: OPA-2016-003
Refer to Item 9.1, PL 65-19
5. Correspondence
6. Committee of the Whole Report Planning and Development - October 7, 2019
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6.1 Planning and Development Department Report, PL 81-19 Re: DEV-11-18: Draft Plan of Subdivision Application SW-2018-05 and Zoning By-law Amendment Application Z-22-18, Sabrina Homes Inc., 400 and 414 Mary Street East and Vacant Land at Hickory Street North
Recommendation: 1. That Council approve the Draft Plan of Subdivision (File SW-2018- 05) subject to the comments included in Planning Report PL 81-19 and the conditions of draft plan approval included in Attachment #11; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning and Economic Development be advised of Council’s decision; 4. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision; 5. That Council approve an amendment to Zoning By-law 2585, (File Z-22-18) as outlined in Planning Report No. PL 81-19; and, 6. That a By-law to amend Zoning By-law 2585 be brought forward for consideration by Council.
6.2 Planning and Development Department Report, PL 83-19 Re: Official Plan and Zoning By-law Amendment Applications, 201, 209, and 211 Brock Street South and 208 Green Street, Brookfield Residential (Ontario) Station No. 3 Limited, File Nos. DEV-06-19 (OPA-2019-W/01, Z- 04-19)
Recommendation: 1. That Council approve Official Plan Amendment Number 115 to the Whitby Official Plan (File: OPA-2019-W/01), as shown on Attachment #6; 2. That a By-law to adopt Official Plan Amendment Number 115 be brought forward for consideration by Council; 3. That Council approve an amendment to Zoning By-law No. 2585 (File #Z-04-19) as outlined in Report PL 83-19; 4. That a By-law to amend Zoning By-law 2585 be brought forward at such time as issues related to parking have been addressed to the satisfaction of the Public Works Department; and, 5. That the Clerk forward a copy of Planning Report No. PL 83-19, two (2) copies of the adopted Amendment, and a copy of the By- law to adopt Amendment Number 115 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.
6.3 Planning and Development Department Report, PL 80-19 Re: Sign By-law Variance to Permanent Sign By-law for Whitby Garden
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Plaza Development Inc. at 220 Taunton Road East (McDonald’s) File No. SB-03-19
Recommendation: That Council approve a variance to the Town of Whitby Permanent Sign By-law 7379-18 for Whitby Garden Plaza Development Inc. (McDonald’s) at 220 Taunton Road East, to permit four electronic signs.
6.4 Planning and Development Department Report, PL 78-19 Re: Renewal of Sewage System Management Agreement with the Region of Durham
Recommendation: 1. That Council approve the renewal of an agreement with the Regional Municipality of Durham to delegate responsibilities under the Building Code Act with respect to private sewage systems with capacity of less than 10,000 litres per day; and, 2. That the Mayor and Clerk be authorized to execute the agreement on behalf of the Town of Whitby.
6.5 Planning and Development Department Report, PL 79-19 Re: Downtown Whitby Secondary Plan Review and Update – Terms of Reference
Recommendation: That Council authorize staff to issue a Request for Proposal (RFP) in accordance with the Terms of Reference for the Downtown Whitby Secondary Plan Update, as shown on Attachment #1 to this report, and to select a qualified and preferred consultant within the allocated funds of the approved capital budget.
6.6 Planning and Development Department Report, PL 82-19 Re: Removal of 500 Dundas Street East from the Municipal Heritage Register
Recommendation: 1. That the property municipally known as 500 Dundas Street East be removed from the Town’s Municipal Heritage Register; 2. That a Heritage Documentation Report be prepared prior to demolition and submitted to the Town to be deposited at the Whitby Archives; and, 3. That the final detailed design and wording for the commemoration element be reviewed by the Heritage Whitby Advisory Committee.
6.7 Closure of Colborne Street between Brock and Green Streets
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Recommendation: That Staff report back on the issue of closing Colborne Street between Brock and Green Streets simultaneously with the occupancy of the new Brookfield development to create a pedestrian friendly space.
7. Committee of the Whole Report General Government - October 7 and 21, 2019
7.1 Office of the Chief Administrative Officer Report, CAO 26-19 Re: Downtown Whitby Action Plan October 2019 Update
Recommendation: That Report CAO 26-19, Downtown Whitby Action Plan October 2019 Update, be received as information.
7.2 Office of the Chief Administrative Officer Report, CAO 27-19 Re: Downtown Whitby Community Improvement Plan Grant Program Amendment
Recommendation: 1. That Council receive this report as information related to the uptake of the Downtown Whitby Community Improvement Plan; 2. That Council approve the recommended administrative changes to Appendix C Implementation Guidelines to the Downtown Whitby Community Improvement Plan as outlined in Attachment #4; and, 3. In accordance with the approach outlined in Section 4.4 of this report to reallocate funding towards projects in the Downtown Whitby Historic Priority Area, that staff be directed to transfer the remaining available funds from the Community Improvement Plan Cash-in-Lieu of Parking incentive program ($217,500) and partial funds from the Tax Increment Equivalent Grant incentive program ($250,000), Façade Improvement Grant incentive program ($100,000) and the Brooklin Community Improvement Plan ($100,000) to the Development Charge High Density Residential and Residential Mixed Use Development Program for the Historic Downtown Whitby Priority Area for a total of $667,500.
7.3 By-law Provisions to Mitigate the Impact of Dust from Construction
Recommendation: Whereas construction activities involving the grinding, cutting, or breaking of materials such as brick, concrete, and tile create dust that can impact the health and well-being of nearby residents; and,
Whereas the Ministry of Labour has recognized that repeated unprotected
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exposure to dust in construction areas can create acute health issues for workers; and,
Whereas dust mitigation measures such as wetting the construction material, using a wet saw, using dustless saw technology, tarping or otherwise containing the source of dust, installing wind fencing or a fence filter, or using a vacuum attachment when cutting can reduce the amount of dust created during construction activities;
Now Therefore be it Resolved:
That Council direct staff to report back by Q2 2020 on by-law provisions or a standalone by-law to regulate and mitigate the impact of dust from construction activities.
7.4 Office of the Chief Administrative Officer Report, CAO 30-19 Re: Clean Air Council 2019 – 2023 Inter-Governmental Declaration on Clean Air and Climate Change
Recommendation: That Council endorse Whitby’s inclusion as a signatory to the 2019 Inter- Governmental Declaration on Clean Air and Climate Change.
7.5 Office of the Chief Administrative Officer Report, CAO 29-19 Re: Proposed Location of a Bronze Statue of Sir William Stephenson at Celebration Square - Revised
Recommendation: 1. That Report CAO 29-19 regarding the proposed bronze sculpture of Sir William Stephenson be received; 2. That Council endorse the proposed location at Celebration Square as outlined in the staff report CAO 29-19; 3. That funding for the installation of the art piece be referred to the 2020 Capital Budget as a decision item; 4. That Council provide direction to Staff to receive and issue receipts for donations.
7.6 Community Services Department Report, CMS 26-19 Re: Draft Whitby 55+ Recreation Strategy (2019 – 2023)
Recommendation: 1. That Council approve the Whitby 55+ Recreation Strategy (2019 – 2023) and the recommendations contained within; 2. That Council direct Staff to proceed with the implementation of the recommendations outlined; and,
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3. That Council approve updating the name of Whitby Seniors’ Services to Whitby 55+ Recreation Services and approve the renaming of the Whitby Seniors’ Activity Centre to the Whitby 55+ Recreation Centre.
7.7 Community Services Department Report, CMS 27-19 Re: 2018-19 Capital Projects Update
Recommendation: 1. That Council receive report CMS 27-19 as information; 2. That Council approve the capital project expenditures as outlined in Attachment 1; and, 3. That the Treasurer be authorized to draw on reserve/reserve funds as required to address the budget overage.
7.8 Corporate Services Department Report CS 54-19 65 - 74 Re: Capital and Operating Budget Policies Update
Recommendation: 1. That Council approve the updated Annual Capital Budget and Capital Forecast Policy F150 included in Attachment 1 of this report; 2. That Council approve the updated Capital Budget Management and Control Policy F170 included in Attachment 2 of this report; 3. That Council approve the updated Operating Budget Process Policy F140 included in Attachment 3 of this report; and, 4. That Council approve the updated Operating Budget Monitoring Policy F180 included in Attachment 4 of this report.
7.9 Public Works Department and Corporate Services Department Joint Report, CS 56-19 Re: T-47-2019 – Operations Centre - Furniture
Recommendation: 1. That the Town of Whitby accept the low bid as submitted by Teknion Limited in the amount of $264,478.00 (plus applicable taxes) for supply, delivery, installation and supervision of furniture and accessories for the Operations Centre Phase 1 Expansion project, as required by the Town of Whitby; and, 2. That the total project cost including contingency of $300,000.00 be approved.
7.10 Public Works Department and Corporate Services Department Joint Report, CS 58-19 Re: RFP-71-2019 for Contracted Services of Curbside Waste Collection
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Recommendation: 1. That the Town of Whitby accept the highest ranking proposal submitted by Miller Waste Systems Inc. for the provision of curbside waste and organics collection in West Whitby for a five (5) year term; 2. That the total estimated 5 year contract amount of $1,020,000 be approved; 3. That as needed services will be subject to annual budget considerations; 4. That approval be granted to extend this contract for up to two (2) additional one (1) year terms based on satisfactory performance and continued budget approval; and, 5. That the Mayor and Clerk be authorized to execute the contract documents.
7.11 Public Works Department Report, PW 4-19 Re: Proposed Bike Route Parking Restrictions, Update Traffic By-law 1862-85
Note: Items 2(a) and 2(d) of the recommendation were referred at Committee.
Recommendation: 1. That Report PW 4-19 be received as information regarding the need for parking restrictions related to cycling infrastructure in key corridors; 2. That Council approve the proposed amendment to the Traffic By- Law 1862-85 to incorporate the following changes to Schedule “B” where streets having cycling infrastructure do not have strong parking demand: b. Parking restrictions on the north and south side of Bonacord Avenue; c. Parking restrictions on the north and south sides of Dryden Boulevard between Anderson Street and Thickson Road; and, 3. That staff engage in public consultation with residents of the following streets to provide them with the Town’s recommendation and rationale to implement no parking and then report back to Council in December 2019 with recommended traffic bylaw changes: a. Residents on the east and west sides of Civic Centre Drive between Rossland Road and Kenneth Hobbs Avenue; b. Residents on the east and west sides of Cochrane Street between Rossland Road and its north limit; c. Residents on the east and west sides of Hickory Street between Dunlop Street and Mary Street; and
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d. Residents on the east and west side of McQuay Boulevard. 4. That Council authorize the Clerk to bring forward an amending by- law (see Attachment 1) to By-law 1862-85, for Council approval; and 5. That the cost for signage and installation, in the order of $9,500, be funded from the Public Works Miscellaneous Signage and Pavement Markings account.
7.12 Public Works Department Report, PW 29-19 Re: Road Rationalization
Recommendation: 1. That the Clerk circulate Report PW 29-19 to the Region of Durham; 2. That the Town formalize an agreement with the Region of Durham regarding road rationalization/transfer of the following road segments effective May 1, 2020: a. Rossland Road between Lake Ridge Road and Cochrane Street; b. Cochrane Street between Dundas Street and Rossland Road excluding the limits of the rail bridge; and, c. Henry Street between Victoria Street and Dundas Street. 3. That staff be authorized to continue discussions with respect to road rationalization/transfer of additional road segments; and, 4. That NUB MD-2764 be removed from the New and Unfinished Business register.
7.13 Public Works Department Report, PW 30-19 Re: Winter Maintenance of Trails
Recommendation: 1. That Report PW 30-19 be received as information; 2. That the recommended segments of trails identified within Report PW 30-19 be added to the Town’s winter maintenance program starting in the upcoming winter season; 3. That staff report back after the 2019/2020 winter season on further expansion opportunities and budgetary impacts; and, 4. That NUB MD-4827 be removed from the New and Unfinished Business register.
7.14 Office of the Town Clerk Report, CLK 14-19 Re: Update to the Consolidated Fees and Charges By-law - Revised
Recommendation: 1. That Report CLK 14-19 be received for information;
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2. That the proposed Fees and Charges for the Office of the Town Clerk, Fire and Emergency Services Department, Legal and Enforcement Services Department, and Corporate Services Department outlined in this report and appended as Attachments 1, 2, 3, and 4 be approved; and, 3. That the Clerk be directed to bring forward a by-law to amend the Fees and Charges By-law #7220-17 to give effect to the proposed changes contained in Report CLK 14-19.
7.15 Election of Regional Councillors by Ward
Recommendation: 1. That Staff be directed to report back after the Regional Government Review on the process required to change the election of Regional Councillors from at-large to by ward, so that one Regional Councillor would be elected from each of the Town’s 4 wards (providing the Regional Review results in Council remaining status quo through the province); 2. That Staff provide information on how Regional Councillors are elected in other GTA municipalities, considerations associated with changing their election from at-large to by ward, and impacts on the administration and conduct of the 2022 election; and, 3. That should the Provincial Regional Review result in a different direction of Council set-up, staff are to report back on the reorganization of Council based on population and best practices of other GTA municipalities.
7.16 Single Use Recyclables
Recommendation: Whereas in June 2019 the Government of Canada announced the ban of single-use plastics that cause harm by 2021 and efforts to develop consistent Extended Producer Responsibility (EPR) programs across Canada;
Whereas in 2016 the Province of Ontario promulgated the Resource Recovery and Circular Economy Act (RRCEA);
Whereas the RRCEA contains provisions to require the producers of packaging to reduce the generation of plastic waste, promote better types of plastics, encourage the use of more sustainable alternatives to single- use plastics and to ban the use of unnecessary plastic packaging;
Whereas in fall of 2019 the Minister of MECP instructed both SO and RPRA to move towards wind down the Blue Box Program Plan for a full
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EPR program, to be implemented staring January 1, 2023;
Whereas the Province is engaging AMO, municipalities, producers and other stakeholders, in a consultation process to finalize the new Blue Box EPR regulation by summer of 2020; and,
Whereas Council, at its September 23, 2019 Council meeting, requested Staff to report back with a phased in plan to ban single use plastics in Q1 2020, which will include an evaluation of the use of single-use plastics in Town of Whitby facilities and Town sponsored community events, and the legal standing of the Town to impose such a ban on businesses.
Therefore, be it resolved that Council of Town of Whitby directs staff to:
1. Work in collaboration with the Region of Durham to ensure that all consumer packaging, including coffee pods and single use plastics, are covered by the new Blue Box EPR regulation; 2. Ensure the new Blue Box EPR system consider all residents living within the Town of Whitby, including those in multi-residential homes, have access to the new BB program established through the new EPR regulation; 3. Invite Regional staff to provide a presentation to the Council of the Town of Whitby outlining the planned timelines and implementation of the various EPR programs and their impact to the Region; and, 4. Provide a copy of this resolution to the Province of Ontario Ministry of Environment, Conservation and Parks, Association of Municipalities of Ontario, Regional Municipality of Durham and all lower tier municipalities within Durham Region.
7.17 Trail Winter Maintenance
Recommendation: 1. That Staff report on including the 23.5 kilometers of trails that are currently available to have winter maintenance as a decision item as part of the 2020 budget process; and, 2. That Staff report in Q4 2020 on the cost and timing to include the additional 36 kilometers of trails for winter maintenance that are not currently available to have winter maintenance due to infrastructure related impediments.
7.18 VON Durham - Bereavement Support Space
Recommendation: Whereas VON Durham has requested space to hold bereavement groups and/or one-to-one bereavement support for those clients facing barriers to
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access across Durham;
Whereas the Town’s Community Use of Town Facilities Policy provides that Whitby based not-for-profit groups may use Town meeting space to meet and conduct regular business (not an event) for the organization for up to three hours per month at no cost; and,
Whereas VON Durham is requesting 2.5 hours of meeting space per week;
Now Therefore be it Resolved:
That Staff be directed to report back on the opportunity to provide complimentary Town facility meeting space to VON Durham, per their request, as an exception to what the Policy provides.
For information purposes only - Committee of the Whole Minutes of 75 - 107 October 7, 2019 and October 21, 2019
8. Notice of Motion
9. New and Unfinished Business
9.1 Planning and Development Department Report, PL 65-19 108 - 164 Re: Whitby Official Plan Amendment and Zoning By-Law Amendment Applications for 4560 Thickson Road North (Optilinx) Files: DEV-01-16, OPA-2016-W/04, Z-19-16; Regional Official Plan Amendment Application (Optilinx) Regional File: OPA-2016-003
Note: This item was deferred at the Council meeting on June 24, 2019 to the Council meeting on October 28, 2019.
Recommendation: 1. That the Official Plan Amendment and Zoning By-law Amendment applications (Files: DEV-01-16; OPA-2016-W/04; Z-19-16) should be refused; 2. That the Clerk forward a copy of Council’s decision to the applicant, the Region of Durham, and those persons who requested further notification regarding the applications; and, 3. That the Clerk forward a copy of Planning and Development Department Report PL 65-19 to the Region of Durham Planning and Economic Development Department.
9.2 Office of the Chief Administrative Officer and Corporate Services 165 - 225 Department Joint Report, CAO 28-19 Re: 2020-2022 Business Plan
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Recommendation: 1. That Council endorse the 2020-2022 Business Plan; 2. That Council approve, in principle, the associated forecasted financial implications as outlined in Report CAO 28-19; 3. That Council endorse the 2019-2022 Business Plan Themes; and, 4. That staff be directed to develop a process to gain Council direction regarding Council Workshop feedback for the projects for future consideration listed in Attachment 3.
10. By-Laws That the following by-laws be passed:
10.1 By-law 7561-19, being a by-law to authorize the use of mail-in ballots as 226 an alternative method of voting for the 2022 Municipal Election.
Refer to Report CLK 11-19, 2022 Municipal Election – Method of Voting
10.2 By-law 7562-19, being a by-law to designate certain portions of a 227 registered Plan of Subdivision (SW-2016-01) as not being subject of Part Lot Control (Matanda Homes)
10.3 By-law 7563-19, being a by-law to acquire an easement over lands 228 described as Part of Lot 26, Concession 3, being Part 1, 40R-30630, Whitby PIN 26555-1270 (LT)
Refer to CS 50-19, Acquisition of Easement for Multi Use Path – Southeast Corner of Brock Street North and Taunton Road East
10.4 By-law 7564-19, being a by-law to amend the Fees and Charges By-law, 229 - 250 # 7220-17
Refer to CLK 14-19, Update to the Consolidated Fees and Charges By- law
10.5 By-law 7565-19, being a by-law to amend By-law #1784, as amended, 251 - 257 being the Zoning By-law of the Town of Whitby (Garden/Taunton Commercial Area)
Refer to Report PL 47-19, Official Plan Amendment Application OPA- 2018-W/05, Zoning By-law Amendment Application Z-30-18, Site Plan Application SP-44-18 (DEV-17-18), 7902484 Canada Inc c/o Triovest Realty Advisors, 304, 308, 368, 372, 374 and 378 Taunton Road East
10.6 By-law 7566-19, being a by-law to amend By-law #1784, as amended, 258 - 259 being the Zoning By-law of the Town of Whitby (Manorgate Homes
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(Whitby) Inc.)
Refer to Report PL 53-18, Applications for Draft Plan of Subdivision and Zoning By-law Amendment – Recommendation Report – Manorgate Homes (Whitby) Inc. – 1010 Dundas Street West, File Nos. SW-2017-07, Z-17-17
10.7 By-law 7567-19, being a by-law to amend By-law #1784, as amended, 260 - 261 being the Zoning By-law of the Town of Whitby (West Whitby Holdings Inc.)
Refer to Report PL 39-19, Zoning By-law Amendment Application – 915 Rossland Road West - West Whitby Holdings Inc., File Z-05-18
10.8 By-law 7568-19, being a by-law to amend Downtown Whitby Community 262 - 283 Improvement Plan By-law # 7424-18
Refer to Report CAO 27-19, Downtown Whitby Community Improvement Plan Grant Program Amendment
That leave be granted to introduce By-laws # 7561-19 to # 7568-19 and to dispense with the reading of the by-laws by the Clerk and that the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.
11. Confirmatory By-Law
11.1 Confirmatory By-law
Recommendation: That leave be granted to introduce a by-law and to dispense with the reading of the by-law by the Clerk to confirm the proceedings of the Council of the Town of Whitby at its regular meeting held on October 28, 2019 and the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.
12. Adjournment
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Regular Council Minutes September 23, 2019 - 7:00 PM Council Chambers Whitby Town Hall
Present: Mayor Mitchell Councillor Alexander Councillor Leahy Councillor Lee Councillor Mulcahy Councillor Newman Councillor Roy Councillor Shahid Councillor Yamada
Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works W. Mar, Commissioner of Legal and By-law Services/Town Solicitor K. Nix, Commissioner of Corporate Services/Treasurer J. Romano, Acting Commissioner of Community Services R. Saunders, Commissioner of Planning and Development D. Speed, Fire Chief S. Klein, Director of Strategic Initiatives H. Ellis, Executive Advisor to the Mayor C. Harris, Town Clerk K. Narraway, Manager of Legislative Services/Deputy Clerk (Recording Secretary)
Regrets: None noted
1. Declarations of Pecuniary Interest
1.1 Mayor Mitchell declared a pecuniary interest under the Municipal Conflict of Interest Act regarding Item 7.4, Community Services Department Report, CMS 22-19, North Whitby Sports Complex, and Item 7.31, District Energy North Whitby Recreation Centre and Lakeridge Health Precinct, as
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the lands under discussion in relation to these matters abuts or sits upon a portion of 5455 Ashburn Road, a property that is owned by Mayor Mitchell and his family. Mayor Mitchell did not take part in the discussion or voting on these matters.
2. Adoption of Minutes
2.1 Special Council - June 24, 2019 Regular Council - June 24, 2019 Special Council - September 9, 2019 (Confidential Minutes under separate cover)
Resolution # 238-19
Moved By Councillor Lee Seconded By Councillor Newman
That the Special Council minutes of June 24, 2019, the Regular Council minutes of June 24, 2019, and the Special Council minutes of September 9, 2019 be adopted.
Carried
3. Presentations
3.1 Whitby Warriors Paperweight Rep Team (5-6 Years Old) Award/Recognition: 2019 Whitby Minor Lacrosse Association Provincial winners, completion of the 2019 regular season in high standing, and winners of tournaments held in Orillia, Clarington and Welland Mayor Mitchell attended the dais and was joined by Councillor Shahid. Head Coach Mike McMahon, the team’s coaching staff, and players from the Whitby Warriors Paperweight Rep Team were welcomed onto the dais, along with all Members of Council to recognize the team for their accomplishment as 2019 Whitby Minor Lacrosse Association Provincial winners, including completion of the 2019 regular season in high standing and winning tournaments held in Orillia, Clarington and Welland.
3.2 Whitby Midget Girls Lacrosse Team
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Award/Recognition: 2019 Provincial Gold Winners Mayor Mitchell attended the dais and was joined by Councillor Newman. Head Coach Jason Stanat, the team’s coaching staff, and players from the Whitby Midget Girls Lacrosse Team were welcomed onto the dais, along with all Members of Council to recognize the team for their accomplishment as 2019 Provincial Gold Winners.
3.3 Charlie Burns Award/Recognition: A significant ambassador of the Salvation Army and contributor to Whitby Mayor Mitchell attended the dais and was joined by Councillor Roy. Charlie Burns was welcomed onto the dais, along with members of his family and members of the Salvation Army and recognized for his accomplishments as a significant ambassador of the Salvation Army and for his contributions to Whitby.
3.4 Carion Fenn, President and CEO, Carion Fenn Foundation Re: Durham Mental Health Day - Together We Are Stronger Campaign Carion Fenn, President and CEO, Vielka Almanzar, Director of Programs, and Olga Syka, Communications Chair of the Carion Fenn Foundation appeared before Council and provided a PowerPoint presentation. Highlights of the presentation included: an introduction to the Carion Fenn Foundation, including an overview of the organizations they’ve worked with in Durham Region and Toronto; information about Durham Mental Health Day, including initiatives that will take place to raise awareness about mental health; an overview about the upcoming May 7, 2020 Durham Mental Health Day Queen’s Park Luncheon; a review of the communities served by the Foundation, their membership, and a snapshot of their mental health programs, including the Mental Health Forum and Symposium; the impacts of poor mental health versus positive mental health and how life events can impact mental health;
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the importance of positive mental health for children and youth, including the need for self-acceptable and self-esteem; statistics about the number of persons affected by mental health challenges; and, information about how persons and organizations can get involved to help the Foundation. A brief question and answer period ensued between Members of Council and the presenters, regarding how Council could assist the organization, including priority requests from the organization.
4. Delegations
4.1 Shawn Lowes Re: Planning and Development Department Report, PL 71- 19 Zoning By-law Amendment Application, DEV-19-18 (Z-31- 18), 1201 & 1207 Brock Street South and 1200 &1202 Green Street, Bara Group (Whitby) Inc.
Refer to Item 6.1, PL 71-19 Shawn Lowes, 203 Clemence Street, appeared before Council and indicated that the community has provided written submissions in opposition to the proposed development. He indicated that at the Committee of the Whole Meeting on September 9, 2019, Members of Committee had made comments about pre-conditions needed for higher density development including a strong transit network, connections to arterial roads, and safe travel routes for pedestrians. He indicated that the location of the proposed development did not meet these pre-conditions. He further advised that that the development would cause an impact to the environment due to the creation of greenhouse gases, additional vehicle traffic, and the destruction of mature trees. He indicated that the community is accepting of intensification, but not on the magnitude proposed by the applicant. He requested that Council deny approval of the application. A brief question and answer period ensued between Members of Council and Mr. Lowes, regarding any communication that had occurred between the developer and the community and if a development proposal with
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reduced height and lower density would be acceptable to the community.
Moved By Councillor Yamada Seconded By Councillor Leahy
That the rules of procedure be suspended in order to to hear registered delegations who did not previously speak at Committee with respect to PW 23-19, Update to the Traffic By-law 1862-85, Schedule N.
Carried on a Two Thirds Vote
4.2 Darren Horn Re: Public Works Report, PW 23-19, Update to the Traffic By-law 1862-85, Schedule N. Darren Horn, 10 Debosky Court, appeared before Council and indicated that stop signs on Promenade Drive were required to improve traffic and pedestrian safety and help with difficult sight lines. A brief question and answer period ensued between Members of Council and Mr. Horn regarding whether the community was aware of the traffic calming measures currently being studied by Town Staff.
4.3 Vladimir Trajkovic Re: Public Works Report, PW 23-19, Update to the Traffic By-law 1862-85, Schedule N. Vladimir Trajkovic, 5 Sandgate Street, appeared before Council and stated that he was in favour of a 4-way stop at Sandgate Street and Promenade Drive. He indicated that crossing Promenade Drive was difficult and that visibility was a concern. He further advised that speeding vehicles and traffic volumes compounded the visibility challenges. He stated that there is no fence surrounding the nearby park, which can lead to park users coming in close proximity to nearby roads and vehicles. A brief question and answer period ensued between Members of Council and Mr. Trajkovic regarding whether the community was aware of the traffic calming measures currently being studied by Town Staff.
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4.4 Ranjeet Chugh Re: Public Works Report, PW 23-19, Update to the Traffic By-law 1862-85, Schedule N. Ranjeet Chugh, 43 Promenade Drive, appeared before Council and stated that reversing his vehicle from his driveway onto Promenade Drive was difficult due to speeding vehicles and poor visibility. He stated that he had been in contact with Town Staff in 2015 about the possibility of stop signs on the street and that the need for stop signs has become greater due to increased traffic. A brief question and answer period ensued between Members of Council and Mr. Chugh regarding whether the community was aware of the traffic calming measures currently being studied by Town Staff and whether he had any objection to adding stop signs now while continuing to review traffic calming measures.
5. Correspondence
5.1 That the following requests be endorsed: September 28, 2019 - British Home Child Day October 2, 2019 - Wrongful Conviction Day October 10, 2019 - Durham Mental Health Day October 20 to 26, 2019 - Ontario Public Library Week October 21 to 27, 2019 - Waste Reduction Week October 24, 2019 - World Polio Day October 2019 - RETT Syndrome Awareness Month
Resolution # 239-19
Moved By Councillor Newman Seconded By Councillor Alexander
That the proclamations for British Home Child Day, Wrongful Conviction Day, Durham Mental Health Day, Ontario Public Library Week, Waste Reduction Week, World Polio Day, and RETT Syndrome Awareness Month be endorsed.
Carried
5.2 Confidential Memorandum from C. Harris, Town Clerk dated
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August 29, 2019 regarding the recommendation for appointment to the Animal Services Appeal Committee (ASAC)
Resolution # 240-19
Moved By Councillor Roy Seconded By Councillor Leahy
That Council appoint Sean O'Dwyer to the Animal Services Appeal Committee for the term ending November 14, 2022 unless otherwise stated or until a successor is appointed.
Carried
It was the consensus of Council to move to Item 6.2 at this time.
6. Committee of the Whole Report Planning and Development - September 9, 2019
6.1 Planning and Development Department Report, PL 71-19 Re: Zoning By-law Amendment Application DEV-19-18 (Z-31-18), 1201 & 1207 Brock Street South and 1200 & 1202 Green Street, Bara Group (Whitby) Inc.
Resolution # 241-19
Moved By Councillor Alexander Seconded By Councillor Newman
Whereas Council believes that the proposed development by Bara Group (Whitby) Inc. at 1201 & 1207 Brock Street South and 1200 & 1202 Green Street is incompatible with the surrounding community due to the height of the proposed development, the density of the proposed development, traffic management concerns in the surrounding community, and pedestrian safety in the nearby area; and,
Whereas Council believes that the Official Plan and its associated policies are useful planning tools that, when applied correctly, should be considerate of the surrounding community as we attempt to meet the required objectives and policies under the Provincial
Page 20 of 283 Agenda Item # 2.1
Growth Plan and the Provincial Policy Statement; and,
Whereas Council believes that a development with the minimum required intensification complies with the Official Plan, Provincial Growth Plan, and the Provincial Policy Statement just as much as a development on the highest-end of permitted intensification; and,
Whereas the development proposes the maximum building height and density amounts permitted by the Official Plan policies, which will result in the surrounding community being subjected to the highest volume of residents and associated traffic contemplated by the policies; and,
Whereas the proposed development does not have direct southbound vehicle access to Brock Street South due to the Region of Durham’s traffic management policies, meaning that a significant portion of all associated traffic from the development will access the proposed building through the surrounding community; and
Whereas the Official Plan and its associated policies contemplate that optimal development of intensified sites would provide vehicle access onto arterial roads, especially in cases where developments approach maximum density, and those developments that do not provide access to arterial roads are less optimal, in consideration of the traffic impacts to surrounding communities; and,
Whereas Council believes that the adjacent westbound entrance to Highway 401 at the intersection of Brock Street South and Consumers Drive will alter traffic flows in this area, to the point where the maximum permitted development intensification in this area would not represent good planning; and,
Whereas the proximity of the proposed development to public transit is positive; however pedestrian access to the nearby Whitby GO Station is difficult and not pedestrian-friendly due to the amount of traffic on Brock Street South and with traffic entering onto the new Highway 401 westbound entrance at the intersection of Consumers Drive;
Now Therefore be it Resolved:
That the Council of the Town of Whitby hereby denies the amendment to Zoning By-law 2585 for 1201 & 1207 Brock Street South and 1200 & 1202 Green Street, taking into consideration the public feedback it has received and based on the above rationale.
Page 21 of 283 Agenda Item # 2.1
Carried Unanimously on a Recorded Vote
For Against Abstained Councillor Alexander x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 9 0 0
6.2 Planning and Development Department Report, PL 76-19 Re: Draft Plan of Subdivision, Zoning By-law Amendment and Site Plan Approval Applications – Block Andrin (Whitby) Developments Limited – 1601, 1605 Dufferin Street and Part of Block A, Registered Plan H-50035, File Numbers SW- 2018-03, Z-17-18 and SP-16-18 A question and answer period ensued between Members of Council and Staff regarding intensification in Port Whitby including: how Council could ensure more fulsome consideration of intensification and how it affects the community; the designation of Port Whitby as an intensification area and the impacts to other areas of the Town if density targets were not achieved; the Region not supporting reduced intensification in the area due to the community being identified as a growth area; community consultation that took place during the development of the Port Whitby Secondary Plan; the ability for Councillors to have discussions with developers about development applications that would be acceptable to surrounding communities prior to applications being received; and, the density of the proposed development being lower than the maximum permitted.
Page 22 of 283 Agenda Item # 2.1
Resolution # 242-19
Moved By Councillor Roy Seconded By Councillor Leahy
1. That Council approve the Draft Plan of Subdivision (File SW-2018-03) subject to the comments included in Planning Report PL 76-19 and the Conditions of Draft Plan Approval included in Attachment #12; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning be advised of Council’s decision; 4. That Council appoint the firm of Williams and Stewart Associates as the Control Architect for the Draft Plan of Subdivision; 5. That the Clerk forward a Notice to those parties and agencies that requested to be notified of Council’s decision; 6. That Council approve an amendment to Zoning By- law 2585 (File Z-17-18) as outlined in Planning Report PL 76-19; 7. That a By-law to amend Zoning By-law 2585 be brought forward for consideration by Council; 8. That a By-law to authorize the sale of Part of Lot A, Plan 70 to Andrin Homes be brought forward for consideration by Council, in accordance with the recommendations contained in Report CS 03-18; and, 9. That staff be authorized to bring forward a By-law to dedicate the future Sobczak Drive as public highway at such time as the road is completed, to the satisfaction of the Public Works Department.
Carried
It was the consensus of Council to move to Item 6.1 at this time.
6.3 Planning and Development Department Report, PL 74-19 Re: Zoning By-law Amendment Application, 500 Dundas Street East, Castleview 500 Development Inc., File No. DEV- 14-18 (Z-27-18)
Page 23 of 283 Agenda Item # 2.1
Resolution # 243-19
Moved By Councillor Roy Seconded By Councillor Leahy
1. That Council approve an amendment to Zoning By- law No. 2585 (Application #Z-27-18) to permit a 6- storey residential apartment building on the subject land; and, 2. That the Zoning By-law Amendment be brought forward for consideration by Council.
Carried
6.4 Planning and Development Department Report, PL 67-19 Re: Revised Policy MS 070: Review and Approval of Radiocommunications and Broadcasting Antenna Systems A brief question and answer period ensued between Members of Council and Staff regarding opportunities for residents and Council to be made aware of applications for radiocommunications antennas and the notice requirements and circulation distances prescribed by the Federal government.
Moved By Councillor Newman Seconded By Councillor Roy
That Council adopt the revised policy MS 070.
Motion Lost
6.5 Planning and Development Department Report, PL 72-19 Re: Comprehensive Zoning By-law Study Terms of Reference
Resolution # 244-19
Moved By Councillor Roy Seconded By Councillor Leahy
1. That Council approve the Terms of Reference for the
Page 24 of 283 Agenda Item # 2.1
Comprehensive Zoning By-law Study as outlined in Attachment #1 to Report PL 72-19; 2. That Council authorize staff to issue a Request for Proposal (RFP) for the Comprehensive Zoning By-law Study to obtain submissions and to select a qualified and preferred consultant within the allocated funds of the capital budget; and, 3. That item MD-3568 be removed from the New and Unfinished Business List.
Carried
6.6 Planning and Development Department Report, PL 73-19 Re: Removal of 700 Winchester Road East from the Town of Whitby’s Municipal Heritage Register
Resolution # 245-19
Moved By Councillor Roy Seconded By Councillor Leahy
That the property municipally known as 700 Winchester Road East be removed from the Town’s Municipal Heritage Register.
Carried
7. Committee of the Whole Report General Government - September 9 and 16, 2019
7.1 Memorandum from C. Harris, Town Clerk dated September 3, 2019 regarding Bronze Statue of Sir William Stephenson at Intrepid Park
Resolution # 246-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Staff report back on opportunities to accommodate placement of a bronze statue of Sir William Stephenson;
Page 25 of 283 Agenda Item # 2.1
2. That Staff explore alternate locations including Downtown Whitby; and, 3. That Staff review opportunities for an expanded installation that supports the Town’s need for public art.
Carried
7.2 Community Services Department Report, CMS 19-19 Re: 2022 Ontario Summer Games
Resolution # 247-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Council endorse the bid submission by Sport Durham to host the 2022 Ontario Summer Games; 2. That if Sport Durham is successful in securing the Ontario Summer Games that Iroquois Park Sports Centre be the host site for the Box Lacrosse and Port Whitby Marina be the host site for the Sailing; and, 3. That if Iroquois Park Sports Centre and Port Whitby Marina host events for these competitions that the rental fees be waived.
Carried
7.3 Community Services Department Report, CMS 21-19 Re: Draft 2019 - 2023 Recreation Services Youth Strategy
Resolution # 248-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Council approve the 2019 – 2023 Youth Strategy and the recommendations contained within; and, 2. That Council direct Staff to proceed with the implementation of the recommendations outlined.
Carried
Page 26 of 283 Agenda Item # 2.1
It was the consensus of Council to move to Item 7.5 at this time.
7.4 Community Services Department Report, CMS 22-19 Re: North Whitby Sports Complex Having previously declared a conflict, Mayor Mitchell did not take part in the discussion or voting on this matter. Deputy Mayor Mulcahy assumed the Chair for this portion of the meeting.
Resolution # 249-19
Moved By Councillor Yamada Seconded By Councillor Newman
1. That Council direct staff to undertake public consultation for the proposed North Whitby Sports Complex; 2. That Council direct staff to make a funding application to the Investing In Canada Infrastructure Program: Community Culture and Recreation stream to offset costs of the North Whitby Sports Complex; and, 3. That Staff report back to Council in Q2 2020 on the public consultation feedback, proposed facility concept designs and other project milestones.
Carried
It was the consensus of Council to move to Item 7.31 at this time.
7.5 Memorandum from C. Harris, Town Clerk dated August 30, 2019 regarding the Whitby Sustainability Advisory Committee's 2019-2022 Work Plan
Resolution # 250-19
Moved By Councillor Yamada Seconded By Councillor Leahy
Page 27 of 283 Agenda Item # 2.1
That the 2019-2022 Work Plan for the Whitby Sustainability Advisory Committee be received for information.
Carried
7.6 Office of the Chief Administrative Officer Report, CAO 24-19 Re: Growing Resilience: Durham Region Agricultural Sector Climate Adaptation Strategy
Resolution # 251-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That “Growing Resilience: Durham Region Agricultural Sector Climate Adaptation Strategy” dated April 2019 (Attachment #1) be endorsed in principle; and, 2. That Town Staff be authorized to support the objectives of the Durham Region Agricultural Sector Climate Adaptation Strategy and bring forward for Council consideration and direction any actions required for implementation that affect the Town of Whitby.
Carried
7.7 Office of the Chief Administrative Officer Report, CAO 25-19 Re: Commitment to the Global Covenant of Mayors (GCoM)
Resolution # 252-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Council endorse in principle the commitment to the Global Covenant of Mayors (GCoM), including pledging to reduce and avoid GHG emissions, prepare for the impacts of Climate Change, increase access to sustainable energy, and track progress towards these objectives; 2. That the Mayor of Whitby endorse the Global Covenant of Mayors on behalf of Council; and
Page 28 of 283 Agenda Item # 2.1
3. That the Clerk be directed to circulate this resolution and a copy of Report CAO 25-19 to the Region of Durham, Whitby’s M.P. and M.P.P and all major party candidates for Whitby in the upcoming federal election.
Carried
7.8 Public Works Department Report, PW 23-19 Re: Update to Traffic By-Law 1862- 85, Schedule N A question and answer period ensued between Members of Council and Staff regarding: strategies to reduce traffic speeds in the area around Promenade Drive; if the traffic study for the area around Promenade Drive would proceed even if stop signs were installed; road markings that could be added to enhance visibility of stop signs; and, how to address community concerns about visibility, traffic volumes, and speeding in a fulsome manner.
Moved By Councillor Yamada Seconded By Councillor Leahy
3. That an all-way stop control be installed at the intersection of Bradley Drive and Robinson Crescent/Evensong Drive; 4. That an all-way stop control be installed at the intersection of Bassett Boulevard and Stargell Drive; 5. That an all-way stop control be installed at the intersection of Winterberry Drive and Fencerow Drive; 6. That an all-way stop control be installed at the intersection of Michael Boulevard and Calais Street; 7. That the cost for signage and installation, in the order of $18,000, be funded from the Public Works Traffic and Transportation Capital Account, for the installation of additional stop signs, pavement markings and temporary advance stop ahead warning signage; 8. That Council authorize the Clerk to bring forward the necessary By-law amendment to Traffic By-law 1862-85, for Council approval; and, 9. That a copy of the Report PW 23-19 be provided to the Durham Regional Police Service.
Carried later in the meeting [see following motion]
Page 29 of 283 Agenda Item # 2.1
That the main motion be amended by adding the following as Item 1 and Item 2:
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That an all-way stop control be installed at the intersection of Promenade Drive and Rushlands Crescent/Sandgate Street; 2. That an all-way stop control be installed at the intersection of Promenade Drive and Debosky Court;
Carried unanimously on a recorded vote
For Against Abstained Councillor Alexander x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 9 0 0
The main motion was then carried as follows:
Resolution # 253-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That an all-way stop control be installed at the intersection of Promenade Drive and Rushlands Crescent/Sandgate Street; 2. That an all-way stop control be installed at the intersection of Promenade Drive and Debosky Court; 3. That an all-way stop control be installed at the intersection of Bradley Drive and Robinson Crescent/Evensong Drive; 4. That an all-way stop control be installed at the intersection of Bassett Boulevard and Stargell Drive; 5. That an all-way stop control be installed at the intersection of
Page 30 of 283 Agenda Item # 2.1
Winterberry Drive and Fencerow Drive; 6. That an all-way stop control be installed at the intersection of Michael Boulevard and Calais Street; 7. That the cost for signage and installation, in the order of $18,000, be funded from the Public Works Traffic and Transportation Capital Account, for the installation of additional stop signs, pavement markings and temporary advance stop ahead warning signage; 8. That Council authorize the Clerk to bring forward the necessary By-law amendment to Traffic By-law 1862-85, for Council approval; and, 9. That a copy of the Report PW 23-19 be provided to the Durham Regional Police Service.
Carried unanimously on a recorded vote
For Against Abstained Councillor Alexander x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 9 0 0
7.9 Public Works Department Report, PW 24-19 Re: Community Safety Zone, EA Fairman Public School
Resolution # 254-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Council approves the Community Safety Zones for EA Fairman Public School as identified in Attachment 1 and Attachment 2; 2. That Council authorize an expenditure of $2,000 to be funded from the Public Works Traffic and
Page 31 of 283 Agenda Item # 2.1
Transportation Capital Account, for the installation of Community Safety Zones signage; 3. That Traffic By-law 1862-85 be amended to alphabetically incorporate the proposed changes to Schedule W: Community Safety Zones; 4. That Council authorize the Clerk to bring forward the necessary By-law amendment regarding Community Safety Zones on Town of Whitby roadways; and, 5. That the Public Works Report PW 24-19 regarding designation of Community Safety Zones in the vicinity of EA Fairman Public School be forwarded to the administration of EA Fairman Public School, the Durham District School Board, Durham Regional Police Service and Durham Student Transportation Services for their information and action.
Carried
7.10 Public Works Department Report, PW 25-19 Re: Update to Traffic By-Law 1862- 85, Schedule A - No Stopping
Resolution # 255-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. Update Schedule A of the Traffic By-law 1862-85, No Stopping restrictions (August to June, Monday through Friday, 8:00 a.m. to 9:00 a.m., 11:15 a.m. to 12:25 p.m. and 3:00 p.m. to 4:00 p.m.) on both sides of Nathan Avenue between 30m east of the pedestrian walkway leading to Winchester Public School and St. Augustine Drive; 2. That the cost for signage and installation, in the order of $2,500, be funded from the Public Works Traffic and Transportation Capital Account; 3. That Council authorize the Clerk to bring forward the necessary By-law amendment to Traffic By-law 1862- 85, for Council approval; and, 4. That the Clerk be authorized to forward Report PW 25-19 to Winchester Public School, the Durham District School Board, Durham Student Transportation Services and Durham Region Police Service for their
Page 32 of 283 Agenda Item # 2.1
information.
Carried
7.11 Office of the Town Clerk Report, CLK 09-19 Re: Committee of the Whole Pilot Update and 2020 Committee, Council, and Public Meetings Schedule
Resolution # 256-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Council adopt the Committee of the Whole Standing Committee structure of Council going forward; and, 2. That Council adopt the Standing Committee, Council and Public Meetings schedule for 2020 as shown in Attachment 1, save and except that the December 14th Committee of the Whole meeting be eliminated and the December 21st Council meeting advanced to December 14th.
Carried
7.12 Office of the Town Clerk Report, CLK 10-19 Re: Enhanced Live Streaming – Council Chambers
This item was referred at Committee.
7.13 Office of the Town Clerk Report, CLK 11-19 Re: 2022 Municipal Election - Method of Voting A brief discussion ensued between Members of Council about opportunities to engage voters, including the possibility of locating a polling station or public information booth at or nearby the Whitby GO Station.
Resolution # 257-19
Moved By Councillor Yamada
Page 33 of 283 Agenda Item # 2.1
Seconded By Councillor Leahy
1. That further to By-law #7241-17 authorizing the use of optical scan vote tabulators for municipal elections in the Town of Whitby, Council hereby reaffirms the use of vote tabulators for the 2022 Municipal Election; 2. That Council hereby authorizes an alternative voting option of Special Mail-in Ballots for the 2022 Municipal Election and directs the Clerk to bring forward the necessary by-law: 3. That the Clerk and Treasurer shall have the authority to procure goods and services and enter into contracts and agreements necessary for the conduct of elections, in order to ensure the timely conduct of elections; and, 4. That the Clerk be directed to update the Delegation of Powers and Duties Policy G 020 accordingly.
Carried
7.14 Corporate Services Department Report, CS 33-19 Re: Annual Insured Claims Report
Resolution # 258-19
Moved By Councillor Yamada Seconded By Councillor Leahy
That report CS 33-19 of the Commissioner of Corporate Services/Treasurer be received as information.
Carried
7.1 Corporate Services Department Report, CS 46-19 5 Re: Prudent Investor Standard for Municipal Investments: Options Analysis A brief question and answer period ensued between Members of Council and Staff about the risks associated with these investments, the benefits of higher returns, how a diversified portfolio can lower risks, and the safeguards in place to protect the Town.
Page 34 of 283 Agenda Item # 2.1
Resolution # 259-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Report No. CS 46-19 Prudent Investor Standard for Municipal Investments: Options Analysis of the Commissioner of Corporate Services/Treasurer be received for information; 2. That Council endorse Town staff working with ONE Investment to establish a new Joint Investment Board and implement the Prudent Investor regime, including a new Investment Policy Statement for the Town and any other related agreements; and, 3. That staff report back on the new Investment Policy incorporating the Prudent Investor opportunities prior to bringing forward a final recommendation related to adopting a Prudent Investor by-law.
Carried on a recorded vote as follows:
For Against Abstained Councillor Alexander x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 8 1 0
7.16 Corporate Services Department Report, CS 47-19 Re: Development Charge Background Study, Community Benefits Charge Strategy and Long Range Financial Plan
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Council approves the advancement of the
Page 35 of 283 Agenda Item # 2.1
Development Charge Background Study and Long Range Financial Plan Update project to permit the undertaking of an update to the Development Charge Background Study, a Community Benefits Strategy and a Long Range Financial Plan; 2. That Council approves a total budget of $337,750 for these studies; 3. That Council approves the sole source for Hemson Consulting Ltd to undertake these studies; and, 4. That Council approves the temporary Financial Analyst position for a period of up to 18 months.
Carried later in the meeting [see following motion]
That the main motion be amended by adding the following as Item 5.
Moved By Councillor Newman Seconded By Councillor Leahy
5. That Council requests the province release drafts of the regulations associated with Bill 108 with a reasonable consultation period with the Town of Whitby (and municipalities) in advance of passage.
Carried
The main motion was then carried as follows:
Resolution # 260-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Council approves the advancement of the Development Charge Background Study and Long Range Financial Plan Update project to permit the undertaking of an update to the Development Charge Background Study, a Community Benefits Strategy and a Long Range Financial Plan; 2. That Council approves a total budget of $337,750 for these studies; 3. That Council approves the sole source for Hemson Consulting Ltd to undertake these studies; and, 4. That Council approves the temporary Financial
Page 36 of 283 Agenda Item # 2.1
Analyst position for a period of up to 18 months. 5. That Council requests the province release drafts of the regulations associated with Bill 108 with a reasonable consultation period with the Town of Whitby (and municipalities) in advance of passage.
Carried
7.17 Corporate Services Department Report, CS 48-19 Re: Financial Update Report – Uncommitted Reserve and Reserve Fund Projection and Year to Date Development Charge Forecast
Resolution # 261-19
Moved By Councillor Yamada Seconded By Councillor Leahy
That report CS 48-19 is received for information.
Carried
7.18 Corporate Services Department Report, CS 49-19 Re: Financial Policies Update
Resolution # 262-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Council approves the updated Disposition of Operating Surplus Policy F 010 included in Attachment 1 of this report; 2. That Council approves the Reserve and Reserve Fund Policy included in Attachment 2 of this report; 3. That Council approves the Corporate Development Reserve Policy included in Attachment 3 of this report; 4. That MD 4979 regarding the Corporate Development Reserve Policy be deemed complete and removed from the New and Unfinished Business list; 5. That Council approves the updated Growth Reserve
Page 37 of 283 Agenda Item # 2.1
Fund Policy F 050 included in Attachment 4 of this report; 6. That Council approves the conversion of the Asset Management Reserve into a Reserve Fund; 7. That Council approves the updated Asset Management Reserve Fund Policy F 040 included in Attachment 5 of this report; 8. That Council approves the conversion of the Long Term Finance Reserve Fund into a Reserve; and, 9. That Council approves the updated Long Term Finance Reserve Policy F 030 included in Attachment 6 of this report.
Carried
7.19 Corporate Services Department and Public Works Department Joint Report, CS 50-19 Re: Acquisition of Easement for Multi Use Path – South-East Corner of Brock Street North and Taunton Road East
Resolution # 263-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That the Town obtain an easement over Part 1, Plan 40R-30630, at the southeast corner of Brock Street North and Taunton Road East, (the “Easement”) as shown on Attachment 1 to this report; 2. That a by-law be brought forward authorizing the acquisition of the Easement; and, 3. That the Mayor and Clerk be authorized to execute the necessary documents to give effect thereto.
Carried
7.20 Corporate Services Department Report, CS 51-19 Re: 2019 Operating Projections Report as at July 31, 2019
Resolution # 264-19
Moved By Councillor Yamada
Page 38 of 283 Agenda Item # 2.1
Seconded By Councillor Leahy
1. That report No. CS 51-19 of the Commissioner of Corporate Services/Treasurer is received as information; and, 2. That the Treasurer be authorized to draw from reserves/reserve funds as required for the purposes of addressing the actual year-end position.
Carried
7.21 Legal and By-law Services Department Report, LS 14-19 Re: Metrolinx – Whitby GO Station Naming Rights A brief question and answer period ensued between Members of Council and Staff about the content of the letter to be sent to the Minister of Transportation and how the letter would be shared with Council for information and awareness.
Resolution # 265-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Council endorses the comments to Metrolinx contained in Report LS 14-19 regarding Metrolinx’s attempt to sell naming rights to GO Stations, including the Whitby GO Station; and, 2. That Council direct staff to send to Metrolinx and the Minister of Transportation a copy of this report and a letter highlighting Council’s endorsed position regarding the sale of GO Station naming rights.
Carried
7.22 Legal and By-law Services Department Report, LS 16-19 Re: GO Station Parking Lot Lease Extension – N/E Corner of Henry Street and Victoria Street West
Resolution # 266-19
Page 39 of 283 Agenda Item # 2.1
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Council approve the request by Metrolinx for a two year extension to the existing parking lot lease on Town property at the northeast corner of Henry Street and Victoria Street West; and, 2. That the Town Solicitor and the Treasurer be delegated the authority to execute any such agreement or document on behalf of the Town which may be necessary to give effect to the extension of the lease term.
Carried
7.23 Community Services Department Report, CMS 24-19 Re: Accessible Signage and Wayfinding Study
Resolution # 267-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That Council approve the budget of $139,900 for the Accessible Signage and Wayfinding Study be advanced to Q4, 2019; 2. That staff be directed to initiate an RFP for an Accessible Signage and Wayfinding Study; and, 3. That Staff be directed to report to Council with a recommended Accessible Signage and Wayfinding Standard upon completion of the study.
Carried
7.24 Community Services Department Report, CMS 23-19 Re: Comments for the Proposed Recommendations for the Accessible Information and Communications Standards
Resolution # 268-19
Moved By Councillor Yamada Seconded By Councillor Leahy
Page 40 of 283 Agenda Item # 2.1
1. That Council receive report CMS 23-19 as information; 2. That Council endorse the comments in report CMS 23-19 as the Town of Whitby's response to the call for comments from the Province of Ontario; and, 3. That Council direct the Accessibility Staff to submit comments to the Province on behalf of the Town and to meet the public comment deadline of September 27, 2019.
Carried
7.25 Lake Ontario Flooding
Resolution # 269-19
Moved By Councillor Yamada Seconded By Councillor Leahy
Whereas flooding along Lake Ontario’s shoreline has adverse environmental, social and financial effects to the Town of Whitby;
And whereas the Town of Whitby has experienced flooding events in 2017 and 2019;
And whereas lake levels will continue to become more unpredictable as a result of climate change and related severe weather events, aging infrastructure in communities surrounding the Great Lakes, and pressures from population growth, resulting in a higher likelihood of reoccurring flooding;
And whereas the property tax base does not provide an adequate source of funding to carry out effective flood management and response measures including the rebuilding of existing infrastructure to ensure the resiliency of our community and those located along the shorelines of the Great Lakes;
Now Therefore be it Resolved:
1. That the Council of The Town of Whitby requests that
Page 41 of 283 Agenda Item # 2.1
the Provincial and Federal governments provide additional resources to municipalities and conservation authorities to construct flood resilient infrastructure and undertake flood management and mitigation measures designed to withstand future climate change concerns; and, 2. That the Clerk be directed to forward a copy of this resolution to the Ontario Ministers of Environment, Conservation and Parks, Natural Resources and Forestry, Infrastructure, Finance, and Municipal Affairs and Housing; Federal Ministers of Environment and Climate Change, Oceans and Fisheries Canada, Transport, Finance, and Infrastructure and Communities; Durham Region M.P.s and M.P.P.s; Central Lake Conservation Authority; Great Lakes St Lawrence Cities Initiative, and Durham Local Area Municipalities.
Carried
7.26 Thickson Road Beautification A brief question and answer period ensued between Members of Council and Staff regarding timing of the request and when Staff could expect receive a response from the Region of Durham.
Resolution # 270-19
Moved By Councillor Yamada Seconded By Councillor Leahy
1. That the Region of Durham be requested to provide information to Whitby Council on opportunities for beautification of Thickson Road south of Dundas Street and north of Highway 401; 2. That Town Staff, in consultation with the Region of Durham, investigate the placementof a “Welcome to Whitby” sign visible to those exiting Highway 401 at Thickson Road; and, 3. That the Clerk be directed to circulate this resolution to Durham Region’s Clerk and Commissioner of Public Works.
Page 42 of 283 Agenda Item # 2.1
Carried
7.2 Federation of Canadian Municipalities' 2019 Election Advocacy 7 A brief discussion ensued between Members of Council regarding the need for increased funding for municipalities for infrastructure, affordable housing, disaster mitigation, and climate change adaptation.
Resolution # 271-19
Moved By Councillor Yamada Seconded By Councillor Leahy
Whereas the Federation of Canadian Municipalities (FCM) advocates for municipalities to ensure that local needs and priorities are reflected in federal policies and programs; and
Whereas residents rely on municipal governments every day to provide quality, round-the-clock services; and
Whereas municipal governments have three choices when seeking to increase revenues – ask the provincial and federal governments for more, raise user fees, or raise property taxes;
Now Therefore be it Resolved:
1. That Whitby Council endorse the Federation of Canadian Municipalities’ 2019 municipal vision for the 2019 federal election: Building Better Lives, which includes the following recommendations to address funding challenges: a. Renew Canada’s core infrastructure. Permanently double the Gas Tax Fund transfer to renew the roads, bridges, water systems and other infrastructure that supports our quality of life. Then boost its annual growth to 3.5 percent to keep pace with construction costs. b. Build tomorrow’s public transit. Launch a permanent, direct federal funding mechanism for 21st century public transit – unlocking local expertise to cut commutes, lower emissions and provide affordable access to everything our communities have to offer. c. Tackle housing affordability. Continue boosting access to social and affordable housing for low-income Canadians, while engaging directly with municipalities to tackle the wider
Page 43 of 283 Agenda Item # 2.1
disconnect between rents, home prices and income levels. d. Protect Canadians from climate change. Invest in local adaptation projects to protect families and businesses from extreme weather events, while continuing to scale up support for local projects that can significantly help reduce Canada’s greenhouse gas emissions. e. Champion rural and northern communities. Modernize programs and funding tools to recognize the realities and expertise of smaller communities, while committing to close the Internet access gap and promote local economic development.
2. That the Clerk send a copy of this resolution to the Whitby candidates representing the Conservative Party, Liberal Party, NDP, Green Party and the Peoples Party.
Carried unanimously on a recorded vote
For Against Abstained Councillor Alexander x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 9 0 0
7.28 Improved Effectiveness of Noise By-law
Resolution # 272-19
Moved By Councillor Yamada Seconded By Councillor Leahy
Whereas By-law #6917-14 is a By-law to prohibit and regulate noise within the Town of Whitby; and,
Whereas the Council of The Town of Whitby considers the
Page 44 of 283 Agenda Item # 2.1
prohibition and regulation of noise within the Town to be in the interest of the community as set out in the preamble of the by-law;
Now Therefore be it Resolved:
That the Staff be directed to review the by-laws of the Town of Ajax, City of Oshawa, City of Toronto and the City of Penticton, British Columbia and to provide recommendations to Council to amend Noise By-law #6917-14 to enhance its effectiveness in addressing the issue of unreasonable noise.
Carried
7.2 Ban on Single-Use Plastics 9 A question and answer period ensued between Members of Council and Staff regarding: phasing and timing of the project; consultation that will take place with businesses in the community including the Chamber of Commerce and the BIA the initial report to Council being a first step which will present options on how the project progresses, focusing on possibilities for Town operations to eliminate the use of single-use plastics; the need to reduce the amount of waste going to the Region’s waste-to-energy facility; and, whether the Town has jurisdiction to implement a ban on single-use plastics.
Resolution # 273-19
Moved By Councillor Yamada Seconded By Councillor Leahy
Whereas Whitby has declared a Climate Emergency; and,
Whereas Single Use Plastics continue to pollute the planet; and,
Whereas the Federal Government is issuing a ban of all single use plastic by 2021;
Now Therefore be it Resolved:
Page 45 of 283 Agenda Item # 2.1
That Council direct Staff to report back by the end of Q1 2020 with a phased in plan to ban single use plastics, identifying budgetary impacts for pilot projects in aiding our small business community with the transition, and Staff should work directly with Staff at the Region of Durham, where appropriate, to ensure consistency throughout the plan.
Carried unanimously on a recorded vote
For Against Abstained Councillor Alexander x Councillor Leahy x Councillor Lee x Councillor Mulcahy x Councillor Newman x Councillor Roy x Councillor Shahid x Councillor Yamada x Mayor Mitchell x 9 0 0
7.30 Automated Speed Enforcement in Community Safety Zones
Resolution # 274-19
Moved By Councillor Yamada Seconded By Councillor Leahy
Whereas community safety is a concern throughout the municipality; and,
Whereas the province is considering the limits of Community Safety Zones related to schools as part of their safety initiative;
Now Therefore be it Resolved:
That following anticipated changes to provincial legislation, staff are to review Community Safety Zones regarding zone boundaries surrounding all elementary schools and high
Page 46 of 283 Agenda Item # 2.1
schools and report back in Q3 of 2020.
Carried
It was the consensus of Council to move to Item 7.4 at this time.
7.31 District Energy North Whitby Recreation Centre and Lakeridge Health Precinct Having previously declared a conflict, Mayor Mitchell left the meeting and did not take part in the discussion or voting on this matter. Deputy Mayor Mulcahy continued to Chair this portion of the meeting. A brief discussion ensued between Members of Council regarding the importance of understanding that the proposal for a hospital is for all of residents Durham Region.
Resolution # 275-19
Moved By Councillor Yamada Seconded By Councillor Newman
Whereas the Town of Whitby has declared a climate emergency; and,
Whereas District Energy is an initiative that can be rooted in renewable energies and provides a resilient and reliable energy system;
Now Therefore be it Resolved:
That Council direct Staff to complete a pre-feasibility study with the assistance of outside parties such as Enbridge to allow for consideration of District Energy and renewable energies to be features included in the design for the future North Whitby Recreation Centre, the proposed Lakeridge Health Precinct, and the surrounding appropriate infrastructure.
Carried
Mayor Mitchell resumed the Chair.
Page 47 of 283 Agenda Item # 2.1
8. Audit Committee Report Report of the Audit Committee - June 25, 2019
8.1 Corporate Services Department Report, CS 45-19 Re: 2018 Year End Communication and Financial Statements
Resolution # 276-19
Moved By Councillor Newman Seconded By Councillor Lee
1. That Report CS 45-19 of the Commissioner of Corporate Services/Treasurer be received for information; and, 2. That Deloitte LLP be engaged to perform the audit of the Town of Whitby's Financial Statements for the year ending December 31, 2019 and 2020.
Carried
9. Notice of Motion 10. New and Unfinished Business
10.1 Ladies That Golf - Fundraising for Whitby VON Hospice Councillor Mulcahy and Councillor Roy recognized the Ladies That Golf and their successful golf tournament which raised over $130,000 for the Whitby VON Hospice thanks to donations from the community and local businesses.
10.2 Nova’s Ark, 7505 Cedarbrook Trail – Planning Application Fees A question and answer period ensued between Members of Council and Staff about the amount of the grant that would be provided and the need for this matter to proceed urgently due to timelines associated with deeming the application complete per Planning Act.
Moved By Councillor Roy
Page 48 of 283 Agenda Item # 2.1
Seconded By Councillor Mulcahy
That the rules of procedure be suspended and notice requirements dispensed with in order to introduce a motion regarding Nova's Ark, 7505 Cedarbrook Trail - Planning Application Fees.
Carried on a Two Thirds Vote
Resolution # 277-19
Moved By Councillor Roy Seconded By Councillor Mulcahy
That Council directs that a grant be provided to cover the planning application fees for an Official Plan Amendment and Zoning By-law Amendment associated with Nova’s Ark, 7505 Cedarbrook Trail.
Carried
11. By-Laws That the following by-laws be passed:
11.1 By-law # 7544-19, being a by-law to assume Northcastle Crescent, Bloomsbury Street, Stanwood Crescent, Joshua Boulevard, and Gerry Ravary Place as shown on Plan 40M- 2421 as public highways (Sorbara/Tribute Holdings Inc.).
11.2 By-law # 7545-19, being a by-law to amend By-law # 1862- 81, to regulate traffic on highways and on certain private roads in the Town of Whitby (Schedule N, Stop Signs).
11.3 By-law # 7546-19, being a by-law to designate certain portions of a registered Plan of Subdivision (SW-2013-02) as not being subject to Part Lot Control.
11.4 By-law # 7547-19, being a by-law to assume Donwoods Crescent and Labriola Court as shown on Plan 40M-2550 as public highways [Cougs (Thickson) Ltd., SW-2013-08].
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11.5 By-law # 7548-19, being a by-law to amend By-law # 1862- 85, to regulate traffic on highways in the Town of Whitby (Schedule N - Stop Signs).
11.6 By-law # 7549-19, being a by-law to amend By-law # 7263- 17, being a By-law to Establish and Regulate the Fire Department.
11.7 By-law # 7550-19, being a by-law to designate a portion of the property located at 3000 Garden Street as a municipal capital facility and exempt the municipal capital facility from all taxes levied for municipal and school purposes.
Refer to Report CAO 16-19, Staff Accommodations – Leasing of Office Space
11.8 By-law # 7551-19, being a by-law to authorize the conveyance of a portion of PIN 26549-1195 (LT), Part of Lot 27, Concession 3, Part 1 and 2, 40R-30596.
Refer to Report CMS 10-19, Valleywood Park Development Proposal, 65 Valleywood Drive
11.9 By-law # 7552-19, being a by-law to amend By-law # 2585, as amended, being the Zoning By-law for the Town of Whitby.
Refer to Report PL 21-19, Application for Zoning By-law Amendment Recommendation Report – Amtullah Homes 224 Hickory Street North, File Number – DEV-07-18 (Z-14- 18)
11.10 By-law # 7553-19, being a by-law to amend By-law # 2585, as amended, being the Zoning By-law for the Town of Whitby.
Refer to Reports PL 72-18, Zoning By-law Amendment Application, 811 Dundas Street West, Sys-X Corporation
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and PL 27-19, Zoning By-law Amendment Application, 811 Dundas Street West, Sys-X Corporation, File DEV 23-18, Z- 18-18.
11.11 By-law # 7554-19, being a by-law to dedicate Gillivary Drive as shown on Plan 40R-30587 as a Public Highway (Heathwood Homes Ltd.)
11.12 By-law # 7555-19, being a by-law to amend By-law # 1862- 85, a by-law to regulate traffic on the highways and on certain private roadways in the Town of Whitby (Schedule N - Stop Signs)
Refer to Report PW 23-19, Update to Traffic By-Law 1862- 85, Schedule N
11.13 By-law # 7556-19, being a by-law to amend By-law 1862- 85, a by-law to regulate traffic on the highways and on certain private roadways in the Town of Whitby (Schedule W – Community Safety Zones)
Refer to Report PW 24-19, Community Safety Zone, EA Fairman Public School
11.14 By-law # 7557-19, being a by-law to amend By-law 1862- 85, a by-law to regulate traffic on the highways and on certain private roadways in the Town of Whitby (Schedule A – No Stopping)
Refer to Report PW 25-19, Update to Traffic By-Law 1862- 85, Schedule A - No Stopping
11.15 By-law # 7558-19, being a by-law to amend By-law #1784, as amended, being the Zoning By-law of the Town of Whitby (850 Taunton Road East)
Refer to PL 35-19, Zoning By-law Amendment Application DEV-13-18 (Z-24-18), 2349500 Ontario Inc., 850 Taunton Road East
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11.16 By-law # 7559-19, being a by-law to amend By-law # 1862- 85, a by-law to regulate traffic on the highways and on certain private roadways in the Town of Whitby (Schedule N - Stop Signs)
Refer to Report PW 23-19, Update to Traffic By-Law 1862- 85, Schedule N
Resolution # 278-19
Moved By Councillor Mulcahy Seconded By Councillor Lee
That leave be granted to introduce By-laws # 7544-19 to # 7559-19 and to dispense with the reading of the by-laws by the Clerk and that the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.
Carried
12. Confirmatory By-Law
12.1 Confirmatory By-law
Resolution # 279-19
Moved By Councillor Lee Seconded By Councillor Newman
That leave be granted to introduce a by-law and to dispense with the reading of the by-law by the Clerk to confirm the proceedings of the Council of the Town of Whitby at its regular meeting held on September 23, 2019 and the same be considered read and passed and that the Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.
Carried
13. Adjournment
Page 52 of 283 Agenda Item # 2.1
13.1 Motion to Adjourn
Resolution # 280-19
Moved By Councillor Leahy Seconded By Councillor Lee
That the meeting adjourn.
Carried
The meeting adjourned at 9:32 PM.
Christopher Harris, Town Clerk Don Mitchell, Mayor
Page 53 of 283 Agenda Item # 2.1
Special Council Minutes September 27, 2019 - 10:30 AM 1801 Hopkins Street Whitby, Ontario
Present: Mayor Mitchell Councillor Leahy Councillor Lee Councillor Mulcahy Councillor Newman Councillor Shahid Councillor Yamada
Also Present: H. Ellis, Executive Advisor to the Mayor K. Narraway, Manager of Legislative Services/Deputy Clerk (Recording Secretary)
Regrets: Councillor Alexander Councillor Roy The meeting began at 10:38 a.m. 1. Declarations of Pecuniary Interest
1.1 There were no declarations of pecuniary interest.
2. Presentations
2.1 Renato Fernandes, General Manager, Rolling Mill, Gerdau Whitby Wayne Thiessen, Controller, Gerdau Whitby Natasha Cotter, Manager, Human Resources, Gerdau Whitby Karl Marcotte, Manager, Shredder, Gerdau Whitby Dave McIntyre, Manager, Energy, Gerdau Whitby Re: Tour of Gerdau Whitby Steel Mill Management Staff from the Gerdau Whitby Steel Mill provided Members of Council with a PowerPoint presentation. Highlights of the presentation included: an overview of the products produced and the number of employees at the mill; a review of the planned expansion of the mill over the next three years, including plans for use of funding provided through the Federal Strategic Innovation Fund; details about how the mill reuses waste products in the steel
Page 54 of 283 Agenda Item # 2.1
Special Council Minutes September 27, 2019 - 12:00 AM
processing operation; financial challenges experienced by the mill, including electricity prices and natural gas rates; economic challenges experienced by the mill from international steel imported into Canada; and, opportunities for purchasers to consider green procurement programs when sourcing steel, including considering the total carbon footprint of steel, including transportation distances from manufacturer to purchaser. A brief question and answer period ensued between Members of Council and the presenters regarding the challenges the mill is facing from increasing international imports of steel into Canada. Mayor Mitchell and Members of Council then received a tour of the mill from Management Staff of Gerdau Whitby Steel Mill.
3. Adjournment
3.1 Motion to Adjourn
Moved By Councillor Mulcahy Seconded By Councillor Leahy
That the meeting adjourn.
Carried
The meeting adjourned at 11:57 a.m.
Kevin Narraway, Manager of Legislative Services/Deputy Clerk Don Mitchell, Mayor
Page 55 of 283 Agenda Item # 2.1
Special Council Minutes September 30, 2019 - 9:00 AM Avalon Room Port Whitby Marina 301 Watson Street West
Present: Mayor Mitchell Councillor Alexander Councillor Leahy Councillor Lee Councillor Mulcahy Councillor Newman Councillor Shahid Councillor Yamada (arrived at 9:16 a.m.)
Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works W. Mar, Commissioner of Legal and By-law Services/Town Solicitor K. Nix, Commissioner of Corporate Services/Treasurer J. Romano, Acting Commissioner of Community Services R. Saunders, Commissioner of Planning and Development D. Speed, Fire Chief R. Jessup, CEO, Whitby Public Library S. Klein, Director of Strategic Initiatives J. Long, Head of Human Resources H. Ellis, Executive Advisor to the Mayor C. Harris, Town Clerk (Recording Secretary)
Regrets: Councillor Roy
1. Declarations of Pecuniary Interest
1.1 There were no declarations of pecuniary interest.
2. Council Workshop
2.1 Dr. Peter Constantinou, Assistant Professor, York University Re: Political Acuity & Council-Staff Relations Dr. Constantinou provided a presentation to Council focusing on political acuity that highlighted the definition of political acuity, skills necessary to develop political acuity, and applying political acuity to dealing with
Page 56 of 283 Agenda Item # 2.1
Special Council Minutes September 30, 2019 - 9:00 AM
optics in the municipal environment. Dr. Constantinou also addressed the area of Council-Staff relations, including roles of the mayor, councillors and administration along with best practices and norms for a good Council-Staff relationship. It was the consensus of Council to recess from 10:40am to 11:04am.
2.2 Pat Moyle, Workshop Facilitator Re: Governance – Successes and Opportunities Pat Moyle, Workshop Facilitator, spoke to those in attendance about the importance of Council and municipal reputation, and the need to maintain a good reputation and brand. Mr. Moyle focused on best practices in other jurisdictions and highlighted examples of municipalities that have good and poor reputations, including how good reputations can be sustained. It was the consensus of Council to recess for lunch from 12:06pm to 12:45pm. Mr. Moyle advised that being 10 months into the Council Term, it would be worthwhile for Council to review its goals and identify initiatives based on what was heard campaigning during the municipal election held in October 2018. Members of Council broke into groups and developed lists of initiatives and projects that were necessary to realize the Council Goals, and presented their lists to those in attendance. Staff advised that projects and initiatives identified by Members of Council would be reviewed, and information on a strategy to address brought forward at a later date.
3. Adjournment
3.1 Motion to Adjourn
Moved By Councillor Alexander Seconded By Councillor Newman
That the meeting adjourn.
Carried
The meeting adjourned at 3:02 p.m.
Page 57 of 283 Agenda Item # 2.1
Special Council Minutes September 30, 2019 - 9:00 AM
Christopher Harris, Town Clerk Don Mitchell, Mayor
Page 58 of 283 Agenda Item # 2.1
Special Council Minutes October 7, 2019 - 6:30 PM Council Chambers Whitby Town Hall
Present: Mayor Mitchell (left at 6:31 p.m.) Councillor Alexander Councillor Leahy Councillor Lee Councillor Mulcahy Councillor Newman Councillor Roy (arrived at 6:38 p.m.) Councillor Shahid Councillor Yamada (arrived at 6:31 p.m.)
Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works W. Mar, Commissioner of Legal and By-law Services/Town Solicitor K. Nix, Commissioner of Corporate Services/Treasurer J. Romano, Acting Commissioner of Community Services H. Ellis, Executive Advisor to the Mayor S. Klein, Director of Strategic Initiatives C. Harris, Town Clerk S. Dave, Legislative Coordinator (Recording Secretary)
Regrets: None noted
1. Declarations of Pecuniary Interest
1.1 Mayor Mitchell declared a pecuniary interest under the Municipal Conflict of Interest Act regarding Item 2.1, Confidential Corporate Services Report, CS 53-19, as the discussion involves Council endorsing a value for lands being taken for the mid-block arterial, and Mayor Mitchell and his family have an interest in 5455 Ashburn Road that will be bisected by the arterial. Mayor Mitchell left the meeting during the discussion and voting of this matter.
Page 59 of 283 Agenda Item # 2.1
Deputy Mayor Mulcahy assumed the Chair.
Moved By Councillor Leahy Seconded By Councillor Shahid
That Council move in-camera in accordance with Procedure By-law # 7462-18, Closed Meeting Policy G 040, and the Municipal Act, 2001, Section 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board, and (f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose.
Carried
2. Closed Session
2.1 Confidential Corporate Services Report, CS 53-19 Re: Pending Acquisition of Land
This portion of the meeting was closed to the public. [Refer to the In Camera minutes of the meeting - Town Clerk has control and custody.]
3. Rising and Reporting
3.1 Motion to Rise
Moved By Councillor Leahy Seconded By Councillor Shahid
That Council rise from the closed portion of the Special Council meeting.
Carried
3.2 Reporting Out Deputy Mayor Mulcahy advised that during the closed portion of the meeting, Council discussed matters related to
Page 60 of 283 Agenda Item # 2.1
a pending acquisition of land, received advice subject to solicitor-client privilege and provided direction to staff.
4. Confirmatory By-law
4.1 Confirmatory By-law
Resolution # 282-19
Moved By Councillor Leahy Seconded By Councillor Shahid
That leave be granted to introduce a by-law and to dispense with the reading of the by-law by the Clerk to confirm the proceedings of the Council of the Town of Whitby at its special meeting held on October 7, 2019 and the same be considered read and passed and that the Deputy Mayor and the Clerk sign the same and the Seal of the Corporation be thereto affixed.
Carried
5. Adjournment
5.1 Motion to Adjourn
Moved By Councillor Leahy Seconded By Councillor Yamada
That the meeting adjourn
Carried
The meeting adjourned at 7:05 p.m.
Christopher Harris, Town Clerk Rhonda Mulcahy, Deputy Mayor
Page 61 of 283 Agenda Item # 2.1
Special Council Minutes October 21, 2019 - 5:30 PM Regal Room Centennial Building 416 Centre Street South
Present: Councillor Alexander Councillor Leahy Councillor Lee (arrived at 5:31 p.m.) Councillor Mulcahy Councillor Newman Councillor Roy Councillor Shahid Councillor Yamada
Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor K. Nix, Commissioner of Corporate Services/Treasurer J. Romano, Acting Commissioner of Community Services R. Saunders, Commissioner of Planning and Development D. Speed, Fire Chief E. Botond, Senior Manager, Corporate Communications H. Ellis, Executive Advisor to the Mayor R. Jessup, CEO, Whitby Public Library S. Klein, Director of Strategic Initiatives J. Long, Head, Human Resources Hospital Task Force Members C. Harris, Town Clerk S. Dave, Legislative Coordinator (Recording Secretary)
Regrets: Mayor Mitchell
1. Declarations of Pecuniary Interest
1.1 There were no declarations of pecuniary interest.
2. Presentations
2.1 Sarah Klein, Director of Strategic Initiatives and Doug Allingham,
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Special Council Minutes October 21, 2019 - 5:30 PM
Hospital Task Force Member Re: Hospital Task Force Update Sarah Klein, Director of Strategic Initiatives and Doug Allingham, Hospital Task Force Member, provided Members of Council with a PowerPoint presentation. Highlights of the presentation included: Introduction of the Task Force Members and the mandate of the Task Force; Update on the activities of the Task Force; Key considerations for bringing a hospital to the Central Durham region; Ensuring an evidence-based submission to any potential RFP issued by Lakeridge Health; Developing partnerships with public and private organizations, including other municipalities, to ensure that a new hospital becomes a reality for the Durham Region; Information on proposed location and timelines; and Key messages and communication strategy moving forward. A detailed question and answer period ensued between Members of Council and Members of the Task Force, including: Potential for connected satellite locations within Durham region; Potential locations within Durham Region; Ensuring that submission to the RFP is evidence-based; Lakeridge Health's priorities and vision for the new hospital and how those can be met by a Central Durham site; Engaging the community and ensuring that all metrics related to accessing healthcare are collected prior to submission; and The role of Council in championing this effort.
3. Adjournment
3.1 Motion to Adjourn
Moved By Councillor Yamada Seconded By Councillor Shahid
That the meeting adjourn.
Carried
The meeting adjourned at 6:16 p.m.
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Special Council Minutes October 21, 2019 - 5:30 PM
Christopher Harris, Town Clerk Rhonda Mulcahy, Deputy Mayor
Page 64 of 283 Agenda Item # 7.8
Memorandum to Council Corporate Services Department Financial Planning and Administration Division
To: Mayor and Members of Council
CC: Acknowledged by M. Gaskell, From: Ken Nix, Commissioner of Corporate Chief Administrative Officer Services / Treasurer Date: October 23, 2019 File #: Subject: Correction Report CS 54-19, Attachment 2
Further to the report CS 54-19 which came forward to the Committee of the Whole on Monday October 21, 2019, an error was discovered in Attachment 2 for Policy F 170 Capital Budget Management and Control Policy.
The Staff report CS 54-19 correctly identified in the discussion section that, subject to various conditions, that a Commissioner may authorize additional gross expenditures by an amount not exceeding the lessor of 10% of the Council approved budget, or $100,000.
The policy itself included in Attachment 2 in Section 5.3 stated the limit was $25,000 not $100,000. $100,000 is the proposed limit under this policy.
Corporate Services is respectfully requesting that Council adopt the corrected policy F 170 as attached to this memo at the Council meeting on Monday October 28, 2019.
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Attachment 2
Town of Whitby Policy
Policy Title: Capital Budget Management and Control Policy Policy Number: F 170 Reference: Date Approved: September 30, 2015 Date Revised: October 28, 2019 Approval: Council Point of Contact: Financial Planning, Corporate Services Division
Policy Statement
The Corporation of the Town of Whitby (Town) is committed to responsible financial management of spending, revenue generating and program delivery within approved budgets and staff complements to ensure that the integrity of the municipality is maintained in accordance with the Municipal Act. Purpose
The purpose of this policy is:
• To ensure that Council approved Capital Budgets and priorities reflected therein are implemented as intended by Council; • To recognize that Department Managers / Directors/ Commissioners are accountable to the Treasurer, the Chief Administrative Officer (CAO) and Council for their spending, and service delivery performance against budget approvals; • To outline the financial management policies of the Town related to Capital Budgets; • To ensure that Council is informed of the status of the Capital Budget and any factors of risks that may impact the budget; • To provide an element of flexibility to respond to evolving circumstances; • To define the roles and responsibilities related to the Capital Budget control process; • To outline the principles governing capital funding decisions outside the Annual Budget process.
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Scope This policy applies to all staff responsible for budget management and all town agencies, boards, programs and services. The procurement or acquisitions of goods and services utilizing budget must also follow the Purchasing (Procurement) policy.
Index
1. Definitions 3 2. Responsibilities 4 3. Sole Authority 5 4. Interim Capital Budget Authority 5 5. Capital Budget Authority 5 6. Variance Reporting and Risk Identification 8 7. Related Policies / Procedures 8
Policy Title: Capital Budget Management and Control Policy Policy Number: F 170 Page 2 of 9
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1. Definitions 1.1. Annual Budget / Current Budget mean the Operating budget and the Capital Budget for a single fiscal year.
1.2. Capital Budget means the plan for Expenditures and financing sources to complete Capital Projects or Capital Expenditures, approved in either an Annual Budget, in a report to Council or under the Capital Budget Monitoring and Control policy.
1.3. Capital Expenditure is determined by the nature of the work that is undertaken; it usually is in excess of $5,000 and does not specifically impact a single fixed asset. It includes (but is not limited to) studies, roads crack sealing program etc. It can occasionally be one-time in nature, but usually the Expenditure has a benefit lasting more than one year.
1.4. Capital Forecast means the forecasted plan for Expenditures and financing sources to complete Capital Projects or Capital Expenditures presented in the Annual Budget. Typically this forecast is nine years (Capital Budget and nine years Capital Forecast).
1.5. Capital Program means a collection of similar Capital Projects / Capital Expenditures that are summarized at a service area level for reporting purposes.
1.6. Capital Project means any Expenditure incurred to acquire or improve land, buildings, engineering structures, and to purchase machinery and equipment. It includes vehicles, office furniture and software applications. Normally, it has a benefit lasting more than one year, and results in the acquisition or extension of the life of a fixed asset or the betterment of an existing asset.
1.7. Commitment means a contractual obligation usually involving a purchasing document or legal agreement for the purchase of goods, services or construction, including the execution of any document evidencing the obligation. Any commitment must follow the Purchasing Policy.
1.8. Council means the Mayor and members of Council for the Town of Whitby. 1.9. Department means a manor organizational unit made up of one or more Divisions and headed by a Commissioner.
1.10. Division means an organizational unit within a Department made up of more than one business unit and headed by a director or manager.
1.11. Emergency means the emergency procurement as defined in the Purchasing Policy; an event that occurs that is determined to be an imminent threat to public health, essential Town services, welfare of persons or of public property, protection of the Town’s physical assets, or the security of the Town’s interests or financial liabilities arising from unexpected conditions that could not have been reasonably known, and such occurrence requires the
Policy Title: Capital Budget Management and Control Policy Policy Number: F 170 Page 3 of 9
Page 68 of 283 Agenda Item # 7.8
immediate delivery of goods or service in order to mitigate further damage; or as amended.
1.12. Expenditures / Gross Expenditures means the total costs paid / incurred for a project and does not net off external recoveries.
1.13. Financial Planning means the employee(s) within Corporate Services / Financial Planning Division responsible for the budgetary and long range financial planning processes.
1.14. Financial Report means the summary of financial activities related to the operation of the Town of Whitby provided to Council by the Treasurer.
1.15. Program means a service area of the Town (i.e. Arena, Parking, etc.). 1.16. Significant means any Capital Projects or Capital Expenditures with projected Gross Expenditure variances greater than 10% or $10,000 (whichever is less) of the Council approved budget and any new Capital Projects or Capital Expenditures with Gross Expenditures approved under this policy.
1.17. Treasurer means the employee designated as such by Council for the position. The Treasurer shall exercise all powers and duties of the Treasurer as set out in the Municipal Act.
1.18. Urgent means any unplanned situation / project deemed important to the Corporation, where quick action is required and must be commenced in the current fiscal year. 2. Responsibilities 2.1. Council has the responsibility to approve funding to Capital Projects or Capital Expenditures. 2.2. The Chief Administrator (CAO) has the responsibility to provide Capital Budget authority as defined in the policy. 2.3. The Treasurer has the responsibility to provide Capital Budget authority as defined in the policy and to bring forward all reporting requirements outlined in the policy. 2.4. The Commissioner has the responsibility to provide Capital Budget authority as defined in the policy and to manage the approved spending authority as defined in the policy. 2.5. Department Managers / Directors have the responsibility to manage the approved spending authority as defined in the policy.
Policy Title: Capital Budget Management and Control Policy Policy Number: F 170 Page 4 of 9
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2.6. Financial Planning has the responsibility to provide to the Treasurer the required reporting requirements as outlined in the policy and to assist with the management of the approved spending authority as defined in the policy. 2.7. Town Staff has the responsibility of following the approved spending authority as defined in the policy. 3. Sole Authority 3.1. Except as otherwise provided in this policy, Council has the sole authority for approving funding to Capital Projects and Capital Expenditures. 4. Interim Capital Budget Authority 4.1. Prior to the adoption of the Annual Budget, spending shall be limited as set out in this policy. 4.2. Until the current year’s Capital Budget for the Town is approved by Council, a Commissioner / Director / Department Manager is authorized to make spending Commitments only to an ongoing Capital Projects or Capital Expenditures approved by Council. 5. Capital Budget Authority 5.1. The Capital Budget approved by Council establishes the scope, funding and spending authority for each Capital Project and Capital Expenditure listed in the Capital Budget document. 5.2. Directors / Department Managers do not have the authority to exceed the budget approved for a Capital Project or Capital Expenditure or amend the scope. 5.3. Commissioners upon recommendation from a Director / Department Manager, may authorize additional Gross Expenditures where the estimated costs for a Capital Project or Capital Expenditure increase to the extent that they exceed the Council approved budget, by an amount not exceeding the lessor of 10% of the Council approved budget, or $100,000. The Treasurer and Financial Planning must be notified of the projected over- expenditure and is authorized to pay such excess, provided that:
• This policy is otherwise complied with;
• The additional Gross Expenditures relate to an ongoing Capital Project / Capital Expenditure approved in an Annual Budget or Report to Council.
• The notification is provided prior to the purchase / expense being incurred / committed by the Town.
• The Treasurer shall determine an appropriate funding source.
Policy Title: Capital Budget Management and Control Policy Policy Number: F 170 Page 5 of 9
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• The over-expenditure must be included in the next Capital Budget Financial Report to Council. 5.4. The Treasurer or their designate upon recommendation from a Commissioner may authorize additional Gross Expenditures where the estimated costs for a Capital Project or Capital Expenditure increase to the extent that they exceed the Council approved budget, by an amount not exceeding $200,000. The Treasurer is authorized to pay such excess, provided that:
• This policy is otherwise complied with;
• The additional Gross Expenditures relate to an ongoing Capital Project / Capital Expenditure approved in an Annual Budget or Report to Council.
• The Treasurer shall determine an appropriate funding source.
• Any additional Gross Expenditures in excess of 10% of the Council approved budget shall be reported to the CAO monthly.
• The over-expenditure must be included in the next Capital Budget Financial Report to Council. 5.5. The Treasurer with the concurrence of the CAO may authorize additional Gross Expenditures where the estimated costs for a Capital Project or Capital Expenditure increase to the extent that they exceed the Council approved budget, by an amount not exceeding $350,000. The Treasurer is authorized to pay such excess, provided that:
• This policy is otherwise complied with;
• The additional Gross Expenditures relate to an ongoing Capital Project / Capital Expenditure approved in an Annual Budget or Report to Council
• The Treasurer shall determine an appropriate funding source.
• The over-expenditure must be included in the next Capital Budget Financial Report to Council. 5.6. If the costs for a Capital Project / Capital Expenditure exceed the Council approved budget by more than $350,000, Council approval must be obtained. The Treasurer shall determine an appropriate funding source. 5.7. For any unbudgeted / unanticipated Capital Projects or Capital Expenditures requiring budget, the Treasurer upon recommendation of a Commissioner may authorize Gross Expenditures based on the following conditions:
• The project must be deemed an Emergency or Urgent as defined in this policy.
• The Treasurer shall determine an appropriate funding source.
Policy Title: Capital Budget Management and Control Policy Policy Number: F 170 Page 6 of 9
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• For Emergency projects:
• The Commissioner has authority to address the immediate emergency.
• The Commissioner must notify the Treasurer within 24 hours.
• The Treasurer or their designate can authorize the required budget and determine the appropriate funding source.
• Communication to Council in a format determined by the Clerk, Treasurer and CAO, is required for all Gross Expenditures over $100,000
• For Urgent Projects:
• The Urgent project cannot be initiated without prior approval.
• The Treasurer, upon recommendation of the Commissioner is authorized to approve Gross Expenditures up to $50,000.
• The CAO, upon recommendation of the Treasurer must also authorize for any Gross Expenditures over $50,000.
• Council approval must be obtained for all Urgent projects with projected Gross Expenditures over $100,000.
• Council approval is required for all unanticipated projects (including the projected Gross Expenditures) that do not meet the definition of Emergency or Urgent.
• All unanticipated projects including their projected Gross Expenditures must be included in the next Capital Budget Financial Report to Council.
• The procurement or acquisition of any goods and services must be done in accordance with the Purchasing (Procurement) Policy. 5.8. For multiple Capital Projects or Capital Expenditures that are grouped together during the purchasing process (i.e. Tender, RFP), this Capital Program group will be treated as a single Capital Project or single Capital Expenditure for the sake of all monetary change limits established in this policy. 5.9. For any joint capital works with the Region of Durham or other external partners, where the Town is the lead on the purchasing process, construction and payments for the project; the Treasurer upon recommendation of a Commissioner and the external partner, can establish a Capital Project or Capital Expenditure for payment processing purposes. All costs are to be invoiced and recovered 100% from the partner. The budget for this project / expense can be adjusted as required if authorized by the Commissioner,
Policy Title: Capital Budget Management and Control Policy Policy Number: F 170 Page 7 of 9
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Treasurer and the external partner. The external partner must provide all authorizations in writing. 5.10. Capital Projects and Capital Expenditures will be closed based on any of the following criteria:
• The project manager notifies Financial Planning that the project or Expenditure is complete;
• Approval of the CAO in consultation with the Treasurer is required for the continuation of a Capital Project or Capital Expenditure that meets any of the following criteria for closure and is requested to remain open by the Director / Department Manager.
• Capital Projects or Capital Expenditures having less than 5% of budget remaining and no financial activity for a period of 12 months will be deemed by Financial Planning to be completed.
• Capital Projects or Capital Expenditures that have had no financial activity within 18 months of approval will be recommended to be closed by Financial Planning. These Projects or Expenditures can be re-budgeted in a future Capital Forecast if work needs to be completed in the future.
• Except where a Capital Project or Capital Expenditure has been financed through the issuance of debentures; any unspent funds in any Capital Project or Capital Expenditure that is complete will be returned to the originating reserve or reserve fund upon closure. 6. Variance Reporting and Risk Identification 6.1. Council shall be informed on a timely basis on financial matters and will receive at minimum, three Financial Reports from Financial Planning throughout the year which will include updates on the following matters.
• Any Significant variances between Council approved budget and projected Gross Expenditures for Capital Projects / Capital Expenditures.
• Projected uncommitted reserve/reserve fund balances and any material variances to planned contributions or Expenditures.
• Projected outstanding debt principal and projected new debt to be issued in the year. 7. Related Policies / Procedures 7.1. Debt Management Policy (F 290) 7.2. Purchasing Policy (F 080)
Policy Title: Capital Budget Management and Control Policy Policy Number: F 170 Page 8 of 9
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7.3. Reserve / Reserve Fund Policy (F 390) 7.4. Annual Capital Budget & Forecast Policy (F 150)
This Policy is hereby approved by Council Resolution #_____ on this _____ day of ______, 20__.
Policy Title: Capital Budget Management and Control Policy Policy Number: F 170 Page 9 of 9
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Committee of the Whole Minutes October 7, 2019 - 7:00 PM Council Chambers Whitby Town Hall
Present: Mayor Mitchell Councillor Alexander Councillor Leahy Councillor Lee Councillor Mulcahy Councillor Newman Councillor Roy Councillor Shahid Councillor Yamada
Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works W. Mar, Commissioner of Legal and By-law Services/Town Solicitor K. Nix, Commissioner of Corporate Services/Treasurer J. Romano, Acting Commissioner of Community Services R. Saunders, Commissioner of Planning and Development S. Klein, Director of Strategic Initiatives H. Ellis, Executive Advisor to the Mayor K. Narraway, Manager of Legislative Services/Deputy Clerk L MacDougall, Council and Committee Coordinator (Recording Secretary)
Regrets: None noted
Call to Order Call of the Roll: The Clerk Declarations of Pecuniary Interest
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There were no declarations of pecuniary interest.
Planning and Development
Councillor Roy assumed the Chair. 1. Presentations
1.1 There were no presentations.
2. Delegations
2.1 Eldon Theodore representing Sabrina Homes Inc. Re: Planning and Development Department Report, PL 81- 19 DEV-11-18, Draft Plan of Subdivision Application SW-2018- 05 and Zoning By-law Amendment Application Z-22-18, Sabrina Homes Inc., 400 and 414 Mary Street East and Vacant Land at Hickory Street North Eldon Theodore, representing Sabrina Homes Inc., appeared before the Committee and provided a PowerPoint presentation which included a brief overview of the original proposal. He advised that changes to the proposed development included revising the orientation of the units to face Mary Street to achieve a greater street presence, the reduction of units from 40 to 38, the simplification and widening of the driveways to have one east/west and one north/south connection though the development as well as a reduction in the number of resident parking spaces from 50 to 48. He further advised that a number of changes to the building elevations were made to echo the heritage attributes of the property, noting that the Whitby Heritage Committee approved the de-listing of the heritage building on the property based on the changes made to the proposal. He stated that the changes in elevations emulated some of the elements of the existing rail building such as the parapets, the rounded windows, the covered entrances, and the architectural moldings. Mr. Theodore highlighted a number of heritage elements that would be included with the development, including a decorative pattern on the interior street that would outline the footprint of the former building, a rail inspired entrance, and a plaque to commemorate the
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heritage building. He stated that the redesign of the proposal was to ensure that there was an integrated design with the surrounding area. He advised that there were existing 3, 4 and 6-storey dwellings in the area, noting that the proposed 4-storey townhouses would use a transitional built form from all surrounding properties. Mr. Theodore further advised that the reorientation of the building would ensure that there would be room between the building and the building to the east. In addition, other elements including fencing and landscaping would buffer the development from neighbouring properties.
2.2 Kirk LeReverend Re: Planning and Development Department Report, PL 81- 19 DEV-11-18, Draft Plan of Subdivision Application SW-2018- 05 and Zoning By-law Amendment Application Z-22-18, Sabrina Homes Inc., 400 and 414 Mary Street East and Vacant Land at Hickory Street North Kirk LeReverend, 61 Matthewson Place, appeared before the Committee and stated that some of the concerns raised by residents had been addressed in the report. He raised concerns regarding the contaminated soil on the subject property and the potential for migration of contamination onto 420 Mary Street. He inquired whether consideration had been given to carry out environmental testing on any of the adjacent properties. He advised that the residence located at 420 Mary Street was approximately 150 years old and raised concerns about damage to the structure of the house due to the vibration that would be created during construction. He further inquired whether a building condition report would be conducted pre-construction and post-construction.
2.3 Susan Farrugia Re: Planning and Development Department Report, PL 81- 19 DEV-11-18, Draft Plan of Subdivision Application SW-2018- 05 and Zoning By-law Amendment Application Z-22-18, Sabrina Homes Inc., 400 and 414 Mary Street East and Vacant Land at Hickory Street North Susan Farrugia, 73 St. Thomas Street, appeared before the Committee and advised that she was the owner of the
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property located at 420 Mary Street. She raised concerns regarding potential damage that may be sustained to the structure of the building during construction of the proposed development, and the migration of soil contamination from the subject property. She inquired about the portion of Mary Street that would be widened.
2.4 Sabrina Farrugia Re: Planning and Development Department Report, PL 81- 19 DEV-11-18, Draft Plan of Subdivision Application SW-2018- 05 and Zoning By-law Amendment Application Z-22-18, Sabrina Homes Inc., 400 and 414 Mary Street East and Vacant Land at Hickory Street North Sabrina Farrugia, 420 Mary Street East, appeared before the Committee and raised concerns regarding traffic safety, parking, personal safety and lack of privacy due to the proposed development. She advised that the traffic entering and exiting the proposed development would create a lot of traffic in front of her driveway. She further advised that her children cross Pine Street in order to get to their school bus and that the increased vehicles would create a safety concern. She inquired about the widening on Mary Street. Ms. Farrugia commented on her family's use of outdoor space on the property and raised concerns regarding the four-storey units infringing upon their privacy. She further inquired about the trees that would be preserved, noting that there were 3 black walnut trees on the property that were approximately 150 years old and provide homes for wildlife. Ms. Farrugia requested that a shadow study be undertaken on her property as the lack of sunlight would impact her heating bills, gardens and the personal enjoyment of her property. She commented that the entire block should be developed as opposed to a portion of the block, noting that a fair offer to sell should have been made to the owner of the property prior to planning the development. Ms. Farrugia raised further concerns regarding the noise, dust, and the disruption of daily living that would occur due to the proposed development. She stated that she supported improvement and growth in Whitby, but that long term residents in the area were disregarded during the planning of this proposed development. The Chair encouraged the delegates to reach out to Planning and Development Staff to obtain answers to their questions,
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and she requested that the proponent consult with residents with respect to the impact of construction on neighbouring homes.
3. Correspondence
3.1 There was no correspondence.
4. Staff Reports
4.1 Planning and Development Department Report, PL 81-19 Re: DEV-11-18: Draft Plan of Subdivision Application SW- 2018-05 and Zoning By-law Amendment Application Z-22- 18, Sabrina Homes Inc., 400 and 414 Mary Street East and Vacant Land at Hickory Street North A detailed question and answer period ensued between Members of Committee and Staff regarding: mitigation of the contaminated soil on the subject property and adjacent properties; protection of privacy of the neighbours though landscaping and fencing; whether there were other four-storey townhouses located in Whitby; clarification on the widening of Mary Street; the possibility of on-street parking, and parking enforcement on Mary Street; the number of trees that would be retained, and the impact the loss of trees would have on 420 Mary Street; the requirements for a traffic study and whether a traffic study had been undertaken; the impact the vibration from construction would have on adjacent properties, and whether a building condition study or analysis would take place prior to and after construction to monitor changes to existing buildings; and, whether a shadow study was required and whether such a study had been undertaken.
Recommendation:
Moved By Councillor Leahy
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1. That Council approve the Draft Plan of Subdivision (File SW-2018-05) subject to the comments included in Planning Report PL 81-19 and the conditions of draft plan approval included in Attachment #11; 2. That Staff be authorized to prepare a Subdivision Agreement; 3. That the Region of Durham Commissioner of Planning and Economic Development be advised of Council’s decision; 4. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision; 5. That Council approve an amendment to Zoning By- law 2585, (File Z-22-18) as outlined in Planning Report No. PL 81-19; and, 6. That a By-law to amend Zoning By-law 2585 be brought forward for consideration by Council.
Carried
4.2 Planning and Development Department Report, PL 83-19 Re: Official Plan and Zoning By-law Amendment Applications, 201, 209, and 211 Brock Street South and 208 Green Street, Brookfield Residential (Ontario) Station No. 3 Limited, File No.s DEV-06-19 (OPA-2019-W/01, Z-04-19) Discussion ensued between Members of Committee and Staff regarding; reducing parking from 1.25 spaces to 1.0 spaces per unit and shared parking for visitor and commercial parking; whether the recommendation related to addressing parking issues prior to a by-law being presented to Council would increase parking for the development; on-site parking in an urban environment undermining the quality of a downtown; the possibility of optimizing the current transit system, the provision of shuttles and encouraging a pedestrian friendly downtown; clarification on the parking reserve fund and whether funds received from cash-in-lieu of parking could be used for other projects outside the realm of maintaining or constructing parking lots; the proposed development attracting people into the downtown and further supporting existing businesses;
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and, the importance of this development to Downtown Whitby. S. Beale, Commissioner of Public Works, advised that a memorandum detailing transportation options would be provided to Members of Council prior to the Council meeting on October 28, 2019.
Recommendation:
Moved By Councillor Alexander
1. That Council approve Official Plan Amendment Number 115 to the Whitby Official Plan (File: OPA- 2019-W/01), as shown on Attachment #6; 2. That a By-law to adopt Official Plan Amendment Number 115 be brought forward for consideration by Council; 3. That Council approve an amendment to Zoning By- law No. 2585 (File #Z-04-19) as outlined in Report PL 83-19; 4. That a By-law to amend Zoning By-law 2585 be brought forward at such time as issues related to parking have been addressed to the satisfaction of the Public Works Department; and, 5. That the Clerk forward a copy of Planning Report No. PL 83-19, two (2) copies of the adopted Amendment, and a copy of the By-law to adopt Amendment Number 115 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development.
Carried
4.3 Planning and Development Department Report, PL 80-19 Re: Sign By-law Variance to Permanent Sign By-law for Whitby Garden Plaza Development Inc. at 220 Taunton Road East (McDonald’s) File No. SB-03-19 A brief question and answer period ensued between Members of Committee and Staff regarding the possibility of amending the Permanent Sign By-law to permit certain signs rather than receiving a number of variance applications.
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Recommendation:
Moved By Councillor Newman
That Council approve a variance to the Town of Whitby Permanent Sign By-law 7379-18 for Whitby Garden Plaza Development Inc. (McDonald’s) at 220 Taunton Road East, to permit four electronic signs.
Carried
4.4 Planning and Development Department Report, PL 78-19 Re: Renewal of Sewage System Management Agreement with the Region of Durham A question and answer period ensued between Members of Committee and Staff regarding whether other municipalities in the Region of Durham have delegated responsibilities related to enforcement matters pertaining to private sewage systems to the Region of Durham; and, the rationale for delegating responsibilities to the Region of Durham.
Recommendation:
Moved By Councillor Leahy
1. That Council approve the renewal of an agreement with the Regional Municipality of Durham to delegate responsibilities under the Building Code Act with respect to private sewage systems with capacity of less than 10,000 litres per day; and, 2. That the Mayor and Clerk be authorized to execute the agreement on behalf of the Town of Whitby.
Carried
4.5 Planning and Development Department Report, PL 79-19 Re: Downtown Whitby Secondary Plan Review and Update – Terms of Reference Discussion ensued between Members of Committee and
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Staff regarding: clarification on the members of the Core Project Team for the Downtown Whitby Secondary Plan review; the appropriateness of the consultant providing input on the proposed bus rapid transit route along Dundas Street through the study area, and assurances that the Town's vision would be considered; the focus of the review to consider a walkable theme, determining how an urban model would work in Downtown Whitby, and prioritizing the four corners in Downtown Whitby; ensuring that the Downtown Secondary Plan would be contemporary and would better address the ongoing transformation of Downtown Whitby; opportunities for parkland policies and to determine how an urban park plan would work; and, the core message that models should be for cities with populations of 250,000 people, since growth would bring Whiby close to that population in the future.
Recommendation:
Moved By Councillor Newman
That Council authorize staff to issue a Request for Proposal (RFP) in accordance with the Terms of Reference for the Downtown Whitby Secondary Plan Update, as shown on Attachment #1 to this report, and to select a qualified and preferred consultant within the allocated funds of the approved capital budget.
Carried
4.6 Planning and Development Department Report, PL 82-19 Re: Removal of 500 Dundas Street East from the Municipal Heritage Register
Recommendation:
Moved By Councillor Shahid
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1. That the property municipally known as 500 Dundas Street East be removed from the Town’s Municipal Heritage Register; 2. That a Heritage Documentation Report be prepared prior to demolition and submitted to the Town to be deposited at the Whitby Archives; and, 3. That the final detailed design and wording for the commemoration element be reviewed by the Heritage Whitby Advisory Committee.
Carried
5. New and Unfinished Business - Planning and Development
5.1 Closure of Colborne Street between Brock and Green Streets Mayor Mitchell raised the matter of closing Colborne Street between Brock and Green Streets to vehicles when the Brookfield development was occupied in order to create pedestrian friendly space. A question and answer period ensued between Members of Committee and Staff regarding: providing options related to closing the street to create pedestrian space; and, whether public consultation would take place regarding the potential closure.
Recommendation:
Moved By Mayor Mitchell
That Staff report back on the issue of closing Colborne Street between Brock and Green Streets simultaneously with the occupancy of the new Brookfield development to create a pedestrian friendly space.
Carried
General Government
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Councillor Yamada assumed the Chair. 6. Delegations
6.1 There were no delegations.
7. Presentations
7.1 There were no presentations.
8. Correspondence
8.1 There were no delegations.
9. Staff Reports
9.1 Office of the Chief Administrative Officer Report, CAO 26-19 Re: Downtown Whitby Action Plan October 2019 Update
Recommendation:
Moved By Councillor Newman
That Report CAO 26-19, Downtown Whitby Action Plan October 2019 Update, be received as information.
Carried
9.2 Office of the Chief Administrative Officer Report, CAO 27-19 Re: Downtown Whitby Community Improvement Plan Grant Program Amendment A question and answer period ensued between Members of Committee and Staff regarding: whether funds would be reallocated from the parking reserve fund; whether the recommendations would preclude the Town from providing financial support to new developments through the Community Improvement Plan Program; and, assurances that Council would be alerted to
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proposals for new developments apart from the annual report.
Recommendation:
Moved By Councillor Leahy
1. That Council receive this report as information related to the uptake of the Downtown Whitby Community Improvement Plan; 2. That Council approve the recommended administrative changes to Appendix C Implementation Guidelines to the Downtown Whitby Community Improvement Plan as outlined in Attachment #4; and, 3. In accordance with the approach outlined in Section 4.4 of this report to reallocate funding towards projects in the Downtown Whitby Historic Priority Area, that staff be directed to transfer the remaining available funds from the Community Improvement Plan Cash- in-Lieu of Parking incentive program ($217,500) and partial funds from the Tax Increment Equivalent Grant incentive program ($250,000), Façade Improvement Grant incentive program ($100,000) and the Brooklin Community Improvement Plan ($100,000) to the Development Charge High Density Residential and Residential Mixed Use Development Program for the Historic Downtown Whitby Priority Area for a total of $667,500.
Carried
10. New and Unfinished Business - General Government
10.1 By-law Provisions to Mitigate the Impact of Dust from Construction Activities Councillor Lee raised the matter of complaints received from residents regarding dust from construction projects in residential neighbourhoods. A question and answer period ensued between Members of Committee and Staff regarding: whether the Town has a by-law to enforce dust control measures during the construction of new subdivisions and the process of handling resident
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complaints; the intent of the motion to mitigate dust during landscaping projects in existing developments; and, whether using mitigation methods would satisfy the intent of the proposed by-law, and whether enforcement would be a complaint driven process.
Recommendation:
Moved By Councillor Lee
Whereas construction activities involving the grinding, cutting, or breaking of materials such as brick, concrete, and tile create dust that can impact the health and well-being of nearby residents; and,
Whereas the Ministry of Labour has recognized that repeated unprotected exposure to dust in construction areas can create acute health issues for workers; and, Whereas dust mitigation measures such as wetting the construction material, using a wet saw, using dustless saw technology, tarping or otherwise containing the source of dust, installing wind fencing or a fence filter, or using a vacuum attachment when cutting can reduce the amount of dust created during construction activities;
Now Therefore be it Resolved:
That Council direct staff to report back by Q2 2020 on by-law provisions or a standalone by-law to regulate and mitigate the impact of dust from construction activities.
Carried
10.2 New and Unfinished Business List - Item MD - 3859 Councillor Leahy inquired regarding the status of and progress made with respect to item MD - 3859 regarding alternative options to accommodate parking on Garden Street between Dundas Street East and Burns Street. S. Beale, Commissioner of Public Works, advised that some work had been completed including a safety analysis. She further advised that a report on this topic was scheduled for
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May 2020.
10.3 New and Unfinished Business List - Item MD - 4064 Councillor Lee inquired about the status of item MD - 4064 regarding a no parking restriction on Helston Crescent. S. Beale, Commissioner of Public Works, advised that the report back to Council was on schedule.
10.4 Provincial Accessibility Compliance Reports Councillor Yamada requested that staff provide a memorandum indicating the status of the Town addressing non-compliant accessibility items from the 2017 accessibility compliance report as well as the status of filing the 2019 accessibility compliance report.
Adjournment
Motion to Adjourn
Recommendation:
Moved By Councillor Alexander
That the meeting adjourn.
Carried
The meeting adjourned at 8:32 p.m.
Advisory Committee Minutes – For Information Only
Accessibility Advisory Committee Minutes - September 3, 2019 Whitby Sustainability Advisory Committee Minutes - September 4, 2019 Whitby Diversity and Inclusion Advisory Committee
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Minutes - September 5, 2019 Whitby in Bloom Committee Minutes - September 10, 2019 Heritage Whitby Advisory Committee Minutes - September 10, 2019
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Committee of the Whole Minutes October 21, 2019 - 7:00 PM Council Chambers Whitby Town Hall
Present: Mayor Mitchell Councillor Alexander Councillor Leahy Councillor Lee Councillor Mulcahy Councillor Newman Councillor Roy Councillor Shahid Councillor Yamada
Also Present: M. Gaskell, Chief Administrative Officer S. Beale, Commissioner of Public Works W. Mar, Commissioner of Legal and Enforcement Services/Town Solicitor K. Nix, Commissioner of Corporate Services/Treasurer J. Romano, Acting Commissioner of Community Services R. Saunders, Commissioner of Planning and Development S. Klein, Director of Strategic Initiatives D. Speed, Fire Chief H. Ellis, Executive Advisor to the Mayor C. Harris, Town Clerk L. MacDougall, Council and Committee Coordinator (Recording Secretary)
Regrets: None noted
Call to Order Call of the Roll: The Clerk Declarations of Pecuniary Interest
There were no declarations of pecuniary interest.
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Committee of the Whole Minutes October 21, 2019 - 7:00 PM
General Government
Councillor Yamada assumed the Chair. 1. Presentations
1.1 Gaby Kalopos representing Clean Air Partnership Re: Office of the Chief Executive Officer Report, CAO 30-19 Clean Air Council 2019 - 2023 Inter-Governmental Declaration on Clean Air and Climate Change Gaby Kalopos, representing Clean Air Partnership, appeared before the Committee and provided a PowerPoint presentation regarding the Clean Air Council Update and 2019-2023 Inter-Governmental Declaration on Clean Air and Climate Change. Highlights of the presentation included: an overview of the Clean Air Partnership and the Clean Air Council; assisting municipalities to become sustainable communities by reducing greenhouse gas emissions and air pollution; to increase resiliency to extreme weather and making advancement towards a low carbon economy; outreach, awareness building and collaboration of the Partnership and municipalities; providing capacity building and implementation support as well as transferring actions and scaling up of actions; how the Clean Air Council works including identifying barriers to transfer and improvement of clean air/climate change actions across municipalities and support the transfer/implementation and improvement of actions; scaling-up low carbon buildings through the uptake and transfer of green development standards, energy efficiency retrofits, air quality improvements, resilient building measures, and building energy disclosure and labeling; carbon reductions through increased uptake of active transportation/complete streets/Vision Zero plans and integrated transportation and land use planning; and, broadening the stakeholder base to increase the understanding of the links between climate action, public health equity, community livability and financial sustainability. A brief question and answer period ensued between Members of Council and Ms. Kalopos regarding whether there were any plans to support municipalities to obtain funding to implement actions associated with the Declaration on Clean Air and Climate Change.
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Committee of the Whole Minutes October 21, 2019 - 7:00 PM
It was the consensus of the Committee to hear Item 4.1, CAO 30-19, at this time.
2. Delegations
2.1 Sue Green Re: Office of the Chief Administrative Officer Report, CAO 29-19 Proposed Location of a Bronze Statue of Sir William Stephenson at Celebration Square - Revised
Refer to Item 4.2, CAO 29-19 Sue Green and Bryan Green, 1733 Dufferin Street, appeared before the Committee and advised that she has been in contact with Lynn Phillip Hodgson, the leading authority on Camp X and Sir William Stephenson, regarding the placement of the Sir William Stephenson statue. It was agreed that Intrepid Park would not be an appropriate location for a statue of this magnitude due to the threat of vandalism, the lack of exposure to a work of art of this value, and lack of parking. She further advised that a head study or a bust of Sir William Stephenson could be easily reproduced at minimal cost and placed in Intrepid Park. The bust would include information concerning the whereabouts of the larger, more comprehensive statue. Ms. Green advised that staff and other stakeholders were in agreement with Ruth Abernethy and Lynn Phillip Hodgson that the most appropriate location for the statue would be Celebration Square at the Central Library due to it being one of the most visited locations in Whitby. She stated that this location aligns with the criteria set out in the proposal for the vision of Downtown Whitby. She provided the measurements of the proposed statue which would be 8 feet, 3 inches long and 4.5 feet wide for a total of 37 square feet, noting that the estimated square footage of Celebration Square is 12,000 square feet. She suggested that positioning the statue near the corner of Dundas and Henry Streets would make it visible to vehicular traffic passing by on either of the two streets. She advised that Ruth Abernethy created the bronze statue of Len Cullen which prompted her to carry out research on Sir William Stephenson and subsequently suggested the creation of the bronze portrait of Sir William Stephenson and its location. Ms. Green noted that the Town of Whitby could own the Sir William Stephenson statue. Ms. Green advised that she, her husband and Lynn Phillip Hodgson were willing to raise funds to cover the cost for the commission as well as for two head studies with one head study to be placed at Camp X and one head study at Sir William Stephenson Public School. She stated that in order to raise funds for the commission the people willing to donate funds need to know where the statue would be located. She urged Council to move quickly to allow Ruth Abernethy to
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Committee of the Whole Minutes October 21, 2019 - 7:00 PM
be engaged in this commission immediately. A question and answer period ensued between Members of Council and Mr. and Mrs. Green regarding: the collection of donations for the project by the Town and whether the Town would be issuing tax receipts for this project; the cost of the statue and whether there would be any impact on the tax base; the approach taken to raise funds to commission the project and what the outcome of the project would be should the Town of Whitby not approve the location; the possibility of fundraising for the cost of installing the statue so as not to impact tax payers; the challenges associated with the use of Celebration Square by other groups; whether the statue would become the property of the Town once installed. The consensus of the Committee was to hear Item 4.2, CAO 29-19, at this time.
2.2 Stan Mcgookin Re: Public Works Department Report, PW 4-19 Proposed Bike Route Parking Restrictions, Update Traffic By-law 1862- 85
Refer to Item 4.8, PW 4-19 Stan Mcgookin, 1 Tallships Drive, appeared before the Committee and stated that his home faces Whitby Shores Greenway. He advised that he has a large family and that they have frequent get-togethers which may include ten or more cars being parked along Whitby Shores Greenway. He raised concerns regarding the proposal to implement no parking on Whitby Shores Greenway as it would create additional parked vehicles on Tallships Drive which would create safety issues for children playing on the street and exacerbate the current parking issues on Tallships Drive. Mr. Mcgookin noted that the front entrances of the new condominiums in the area face Whitby Shores Greenway, and that residents from the condominiums park in front of their homes. He commented that vehicles were also parked on Whitby Shores Greenway in the area of Whitby Shores Public School. Mr. Mcgookin advised that he received the notice of the meeting on this matter on Friday prior to the meeting and raised concerns about the notification process and the timeline between receipt of the notification for the meeting and the meeting date.
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Committee of the Whole Minutes October 21, 2019 - 7:00 PM
The consensus of the Committee was to hear Item 4.8, PW 4-19, at this time.
3. Correspondence
3.1 There was no correspondence.
4. Staff Reports
4.1 Office of the Chief Administrative Officer Report, CAO 30-19 Re: Clean Air Council 2019 – 2023 Inter-Governmental Declaration on Clean Air and Climate Change A brief question and answer period ensued between Members of Council and Staff regarding whether the Town would establish a baseline measurement as a reliable reference point in order to assess progress and success.
Recommendation:
Moved By Councillor Leahy
That Council endorse Whitby’s inclusion as a signatory to the 2019 Inter-Governmental Declaration on Clean Air and Climate Change.
Carried
The consensus of the Committee was to hear Item 4.3, CMS 26-19, at this time.
4.2 Office of the Chief Administrative Officer Report, CAO 29-19 Re: Proposed Location of a Bronze Statue of Sir William Stephenson at Celebration Square - Revised A question and answer period ensued between Members of Council and Staff regarding: liability for damages sustained to the statue during events at Celebration Square and the impact to the Town's insurance or on the event permit holders insurance; whether there would be a tax burden associated with the Town collecting donations and issuing receipts, and whether the Town has collected donations of this magnitude in the past; the possibility of consultation with affected stakeholders as well as the Accessibility Advisory Committee with respect to the
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placement of the statue; assurances that the Whitby Heritage Advisory Committee would be advised of any events honouring Sir William Stephenson; and, the anticipated long term maintenance costs associated with the statue.
Recommendation:
Moved By Councillor Mulcahy
1. That Report CAO 29-19 regarding the proposed bronze sculpture of Sir William Stephenson be received; 2. That Council endorse the proposed location at Celebration Square as outlined in the staff report CAO 29-19; 3. That funding for the installation of the art piece be referred to the 2020 Capital Budget as a decision item; 4. That Council provide direction to Staff to receive and issue receipts for donations.
Carried
It was the consensus of the Committee was to hear Item 4.4, CMS 27- 19, at this time.
4.3 Community Services Department Report, CMS 26-19 Re: Draft Whitby 55+ Recreation Strategy (2019 – 2023) A question and answer period ensued between Members of Council and Staff regarding: the 10 percent growth increase in the 55+ age group over the next five years and how that growth would be accommodated insofar as programs and space; details with respect to the Newcomers Social Group and its participants; whether consultation had taken place between Staff and the Diversity and Inclusion Advisory Committee with respect to the changing seniors demographics; the rationale for why residents who live outside of Whitby choose to become a member of the Whitby Seniors' Activity Centre; and, the dissatisfaction of residents pertaining to the program registration process and steps undertaken to rectify their dissatisfaction.
Recommendation:
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Moved By Councillor Alexander
1. That Council approve the Whitby 55+ Recreation Strategy (2019 – 2023) and the recommendations contained within; 2. That Council direct Staff to proceed with the implementation of the recommendations outlined; and, 3. That Council approve updating the name of Whitby Seniors’ Services to Whitby 55+ Recreation Services and approve the renaming of the Whitby Seniors’ Activity Centre to the Whitby 55+ Recreation Centre.
Carried
The consensus of the Committee was to hear Item 2.2, Delegation by Stan Mcgookin, at this time.
4.4 Community Services Department Report, CMS 27-19 Re: 2018-19 Capital Projects Update
Recommendation:
Moved By Councillor Leahy
1. That Council receive report CMS 27-19 as information; 2. That Council approve the capital project expenditures as outlined in Attachment 1; and, 3. That the Treasurer be authorized to draw on reserve/reserve funds as required to address the budget overage.
Carried
4.5 Corporate Services Department Report CS 54-19 Re: Capital and Operating Budget Policies Update
Recommendation:
Moved By Councillor Alexander
1. That Council approve the updated Annual Capital Budget and Capital Forecast Policy F 150 included in Attachment 1 of this report; 2. That Council approve the updated Capital Budget Management
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and Control Policy F170 included in Attachment 2 of this report; 3. That Council approve the updated Operating Budget Process Policy F140 included in Attachment 3 of this report; and, 4. That Council approve the updated Operating Budget Monitoring Policy F180 included in Attachment 4 of this report.
Carried
4.6 Public Works Department and Corporate Services Department Joint Report, CS 56-19 Re: T-47-2019 – Operations Centre - Furniture
Recommendation:
Moved By Councillor Lee
1. That the Town of Whitby accept the low bid as submitted by Teknion Limited in the amount of $264,478.00 (plus applicable taxes) for supply, delivery, installation and supervision of furniture and accessories for the Operations Centre Phase 1 Expansion project, as required by the Town of Whitby; and, 2. That the total project cost including contingency of $300,000.00 be approved.
Carried
4.7 Public Works Department and Corporate Services Department Joint Report, CS 58-19 Re: RFP-71-2019 for Contracted Services of Curbside Waste Collection A question and answer period ensued between Members of Council and Staff regarding: the rationale for the hybrid service model of contracted services of curbside waste collection to be for a five year, plus two additional one-year term extensions as opposed to a shorter term; assessment of the Town's fleet per household in comparison to the Region's cost per household; and, whether the Town's cost includes the rolling cost of the fleet.
Recommendation:
Moved By Councillor Newman
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1. That the Town of Whitby accept the highest ranking proposal submitted by Miller Waste Systems Inc. for the provision of curbside waste and organics collection in West Whitby for a five (5) year term; 2. That the total estimated 5 year contract amount of $1,020,000 be approved; 3. That as needed services will be subject to annual budget considerations; 4. That approval be granted to extend this contract for up to two (2) additional one (1) year terms based on satisfactory performance and continued budget approval; and, 5. That the Mayor and Clerk be authorized to execute the contract documents
Carried
4.8 Public Works Department Report, PW 4-19 Re: Proposed Bike Route Parking Restrictions, Update Traffic By-law 1862-85 A question and answer period ensued between Members of Council and Staff regarding: whether consultation had taken place with residents from Whitby Shores Greenway, Bayside Gate, Bonacord Avenue, Dryden Boulevard in advance of the report being presented to Council; whether consultation with the Active Transportation and Safe Roads Advisory Committee had taken place prior to the report coming forward; the normal and best practices for sending out notifications, the timeline between publication of the agenda and sending out the notices for the Committee of the Whole meeting on October 21, 2019, and whether the notice was hand delivered; and, opportunities for a 2-way bicycle facility in order to remove parking from only one side of the street.
Recommendation:
Moved By Councillor Newman
1. That Report PW 4-19 be received as information regarding the need for parking restrictions related to cycling infrastructure in key corridors; 2. That Council approve the proposed amendment to the Traffic By-
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Law 1862-85 to incorporate the following changes to Schedule “B” where streets having cycling infrastructure do not have strong parking demand: a. Parking restrictions on the east and west side of Bayside Gate; b. Parking restrictions on the north and south side of Bonacord Avenue; c. Parking restrictions on the north and south sides of Dryden Boulevard between Anderson Street and Thickson Road; and, d. Parking restrictions on the north and south side of Whitby Shores Greenway between Gordon Street and Bayside Gate. 3. That staff engage in public consultation with residents of the following streets to provide them with the Town’s recommendation and rationale to implement no parking and then report back to Council in December 2019 with recommended traffic bylaw changes: a. Residents on the east and west sides of Civic Centre Drive between Rossland Road and Kenneth Hobbs Avenue; b. Residents on the east and west sides of Cochrane Street between Rossland Road and its north limit; c. Residents on the east and west sides of Hickory Street between Dunlop Street and Mary Street; and, d. Residents on the east and west side of McQuay Boulevard. 4. That Council authorize the Clerk to bring forward an amending by-law (see Attachment 1) to By-law 1862-85, for Council approval; and, 5. That the cost for signage and installation, in the order of $9,500, be funded from the Public Works Miscellaneous Signage and Pavement Markings account.
Carried later in the meeting (see following motions)
Recommendation:
Moved By Councillor Newman
That items 2 (a) and 2 (d) of the main motion be referred to Staff for further consultation with the Active Transportation and Safe Roads Advisory Committee and residents.
Carried
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The main motion, save and except items 2 (a) and 2 (d), was then carried.
The consensus of the Committee was to hear Item 2.1, Delegation by Sue Green, at this time.
4.9 Public Works Department Report, PW 29-19 Re: Road Rationalization A question and answer period ensured between Members of Council and Staff regarding: whether the Town would have the ability to enter into discussions more effectively with respect to the implementation of signalization from Old Lake Ridge Road to Lake Ridge Road to address safety concerns of residents should the Town enter into discussions to transfer the ownership of Old Lake Ridge Road from Almond Avenue to Cresser Avenue and Old Lake Ridge Road south of Highway 401; clarification on the future transfer of Victoria and Brock Streets from the Region to the Town; clarification on the jurisdiction of the intersection of Victoria and Brock Streets when Brock Street is transferred to the Town.
Recommendation:
Moved By Councillor Roy
1. That the Clerk circulate Report PW 29-19 to the Region of Durham; 2. That the Town formalize an agreement with the Region of Durham regarding road rationalization/transfer of the following road segments effective May 1, 2020: a. Rossland Road between Lake Ridge Road and Cochrane Street; b. Cochrane Street between Dundas Street and Rossland Road excluding the limits of the rail bridge; and, c. Henry Street between Victoria Street and Dundas Street. 3. That staff be authorized to continue discussions with respect to road rationalization/transfer of additional road segments; and, 4. That NUB MD-2764 be removed from the New and Unfinished Business register.
Carried
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4.10 Public Works Department Report, PW 30-19 Re: Winter Maintenance of Trails A detailed question and answer period ensued between Members of Council and Staff regarding: the type and size of equipment used to clear snow from multi-use paths and trails in the Town; whether the multi-use paths and trails could sustain the weight of the equipment, and whether the equipment could damage trail/path surfaces; the possibility of expanding winter maintenance on trails and the impact it would have on the budget; and, clarification on paved trails/paths not being available for winter maintenance due to infrastructure impediments.
Recommendation:
Moved By Councillor Shahid
1. That Report PW 30-19 be received as information; 2. That the recommended segments of trails identified within Report PW 30-19 be added to the Town’s winter maintenance program starting in the upcoming winter season; 3. That staff report back after the 2019/2020 winter season on further expansion opportunities and budgetary impacts; and, 4. That NUB MD-4827 be removed from the New and Unfinished Business register.
Carried later in the meeting (see following motion)
Recommendation:
Moved By Councillor Mulcahy
That PW 30-19 be deferred to allow Staff time to provide additional information on expanding winter maintenance service levels to include trails identified in the report that are not currently being maintained.
Motion withdrawn
The main motion was then carried.
4.11 Office of the Town Clerk Report, CLK 14-19 - Waiting for Report Re: Update to the Consolidated Fees and Charges By-law - Revised
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Recommendation:
Moved By Councillor Newman
1. That Report CLK 14-19 be received for information; 2. That the proposed Fees and Charges for the Office of the Town Clerk, Fire and Emergency Services Department, Legal and Enforcement Services Department, and Corporate Services Department outlined in this report and appended as Attachments 1, 2, 3, and 4 be approved; and, 3. That the Clerk be directed to bring forward a by-law to amend the Fees and Charges By-law #7220-17 to give effect to the proposed changes contained in Report CLK 14-19.
Carried
5. New and Unfinished Business
5.1 Election of Regional Councillors by Ward Councillor Mulcahy raised the matter of the election of Regional Councillors by ward. A detailed discussion ensued between Members of Council regarding: the advantages and disadvantages of an election of Regional Councillors by ward as opposed to an election of Regional Councillors at-large; campaigning for an election by ward versus at-large; the layout of the ballot and the confusion it may or may not create for residents; the timeline associated with communication from the Province regarding the results of the Regional Government Review; and, the proposal changing the role of Regional Councillors in Whitby.
Recommendation:
Moved By Councillor Mulcahy
1. That Staff be directed to report back after the Regional Government Review on the process required to change the election of Regional Councillors from at-large to by ward, so that one Regional Councillor would be elected from each of the Town’s 4 wards (providing the Regional Review results in Council remaining status quo through the province);
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2. That Staff provide information on how Regional Councillors are elected in other GTA municipalities, considerations associated with changing their election from at-large to by ward, and impacts on the administration and conduct of the 2022 election; and, 3. That should the Provincial Regional Review result in a different direction of Council set-up, staff are to report back on the reorganization of Council based on population and best practices of other GTA municipalities.
Carried later in the meeting (see following motion)
Recommendation:
Moved By Councillor Newman
That the matter of the election of Regional Councillors by ward or at- large be deferred until the outcome of the Regional Government Review.
Motion lost
The main motion was then carried.
5.2 Single Use Recyclables Councillor Newman introduced a motion regarding single use recyclables.
Recommendation:
Moved By Councillor Newman
Whereas in June 2019 the Government of Canada announced the ban of single-use plastics that cause harm by 2021 and efforts to develop consistent Extended Producer Responsibility (EPR) programs across Canada;
Whereas in 2016 the Province of Ontario promulgated the Resource Recovery and Circular Economy Act (RRCEA);
Whereas the RRCEA contains provisions to require the producers of packaging to reduce the generation of plastic waste, promote better types of plastics, encourage the use of more sustainable alternatives to single-use plastics and to ban the use of unnecessary plastic packaging;
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Whereas in fall of 2019 the Minister of MECP instructed both SO and RPRA to move towards wind down the Blue Box Program Plan for a full EPR program, to be implemented staring January 1, 2023;
Whereas the Province is engaging AMO, municipalities, producers and other stakeholders, in a consultation process to finalize the new Blue Box EPR regulation by summer of 2020; and,
Whereas Council, at its September 23, 2019 Council meeting, requested Staff to report back with a phased in plan to ban single use plastics in Q1 2020, which will include an evaluation of the use of single-use plastics in Town of Whitby facilities and Town sponsored community events, and the legal standing of the Town to impose such a ban on businesses.
Therefore, be it resolved that Council of Town of Whitby directs staff to:
1. Work in collaboration with the Region of Durham to ensure that all consumer packaging, including coffee pods and single use plastics, are covered by the new Blue Box EPR regulation; 2. Ensure the new Blue Box EPR system consider all residents living within the Town of Whitby, including those in multi- residential homes, have access to the new BB program established through the new EPR regulation; 3. Invite Regional staff to provide a presentation to the Council of the Town of Whitby outlining the planned timelines and implementation of the various EPR programs and their impact to the Region; and, 4. Provide a copy of this resolution to the Province of Ontario Ministry of Environment, Conservation and Parks, Association of Municipalities of Ontario, Regional Municipality of Durham and all lower tier municipalities within Durham Region.
Carried
5.3 Trail Winter Maintenance A question and answer period ensued between Members of Council and Staff regarding: budget implications associated with an increase in the service level of winter maintenance on trails within the Town; the possibility of including trails not identified in the report back to Council based on residents' feedback; and,
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reporting back on the additional 36 kilometers of trails for winter maintenance that are not currently available following the 2020 budget process.
Recommendation:
Moved By Councillor Mulcahy
1. That Staff report on including the 23.5 kilometers of trails that are currently available to have winter maintenance as a decision item as part of the 2020 budget process; and, 2. That Staff report in Q4 2020 on the cost and timing to include the additional 36 kilometers of trails for winter maintenance that are not currently available to have winter maintenance due to infrastructure related impediments.
Carried
Councillor Yamada vacated the Chair for this portion of the meeting.
Councillor Newman assumed the Chair.
5.4 VON Durham - Bereavement Support Space Councillor Yamada introduced a motion regarding a request from VON Durham for bereavement support space. A brief question and answer period ensued between Members of Council and Staff regarding whether an official request from VON Durham had been submitted to the Town. J. Romano, Acting Commissioner of Community Services advised that he had not received a request and that he would reach out to VON Durham.
Recommendation:
Moved By Councillor Yamada
Whereas VON Durham has requested space to hold bereavement groups and/or one-to-one bereavement support for those clients facing barriers to access across Durham;
Whereas the Town’s Community Use of Town Facilities Policy provides that Whitby based not-for-profit groups may use Town meeting space to meet and conduct regular business (not an event) for the organization
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for up to three hours per month at no cost; and,
Whereas VON Durham is requesting 2.5 hours of meeting space per week;
Now Therefore be it Resolved:
That Staff be directed to report back on the opportunity to provide complimentary Town facility meeting space to VON Durham, per their request, as an exception to what the Policy provides.
Carried
Councillor Yamada assumed the Chair.
Adjournment
Motion to Adjourn
Recommendation:
Moved By Councillor Shahid
That the meeting adjourn.
Carried
The meeting adjourned at 9:47 p.m.
Advisory Committee Minutes – For Information Only
Active Transportation and Safe Roads Advisory Committee Minutes - September 12, 2019 Downtown Whitby Development Steering Advisory Committee Minutes - September 19, 2019 Brooklin Downtown Development Steering Advisory Committee Minutes - September 26, 2019 Accessibility Advisory Committee Minutes - October 1, 2019 Whitby Sustainability Advisory Committee Minutes - October 2, 2019 Whitby Diversity and Inclusion Advisory Committee Minutes -
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October 3, 2019
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Town of Whitby Staff Report whitby.civicweb.net
Report Title: Whitby Official Plan Amendment and Zoning By-Law Amendment Applications for 4560 Thickson Road North (Optilinx) DEV-01-16: OPA-2016-W/04, Z-19-16; Regional Official Plan Amendment Application (Optilinx) Regional File: OPA-2016-003:
Report to: Committee of the Whole Submitted by: R. Saunders, Commissioner of Planning Date of meeting: June 10, 2019 and Development
Report Number: PL 65-19 Acknowledged by M. Gaskell, Chief Administrative Officer Department(s) Responsible: For additional information, contact: Planning and Development Department E. Belsey, Manager, Long Range Policy Planning, ext. 2280
1. Recommendation: 1. That the Official Plan Amendment and Zoning By-law Amendment applications (Files: DEV-01-16; OPA-2016-W/04; Z-19-16) should be refused; 2. That the Clerk forward a copy of Council’s decision to the applicant, the Region of Durham, and those persons who requested further notification regarding the applications; and, 3. That the Clerk forward a copy of Planning and Development Department Report PL 65-19 to the Region of Durham Planning and Economic Development Department. 2. Highlights: Applications have been submitted to the Town by Valerie Cranmer and Associates on behalf of Optilinx Systems Inc. seeking to amend the Town of Whitby Official Plan (Taunton North Community Secondary Plan) to change the
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designations on the subject property from “Environmental Protection/Conservation Lands”, “Hazard Land”, “Major Open Space 2”, and “Major Open Space 3” to “Major Open Space 3” and “Hazard Land” on Schedule ‘P’ - Taunton North Community Secondary Plan, and to amend Zoning By-law 1784, to permit a contractor’s yard with outdoor storage and associated office and maintenance buildings. An application has also been submitted to the Region of Durham for a Regional Official Plan Amendment (ROPA) seeking to amend the Durham Regional Official Plan by adding a site specific exception to the Major Open Space designation to allow a contractor’s yard with associated uses. The review of the applications has determined that:
• The proposed development would not be consistent with the Provincial Policy Statement as development is not permitted within key natural heritage features such as Provincially Significant Wetlands and minimum required vegetation protection zones;
• The proposed development would not conform to Provincial plans including the Growth Plan as it relates to restriction on development within ‘environmentally protected’ areas such as Provincially Significant Wetlands and associated buffer areas. However, the Growth Plan also recognizes the importance of economic growth and directs employment uses to be located in appropriately designated industrial areas;
• The proposed amendment would not meet the general goals and intent of the Durham Regional and Whitby Official Plans as the proposed development is contrary to the policy directions regarding such matters as: protection, preservation and enhancement of natural heritage features and functions; directing industrial uses to suitable and designated areas that would permit the use; removal, modification or destruction of natural features, functions or linkages; compatibility with natural heritage areas and surrounding/adjacent land uses; and The applicant’s Environmental Impact Study (EIS) and addendum submitted in support of the application have not adequately demonstrated that the applications, as submitted, should be approved. The applicant’s EIS does not support the full extent of the proposed development sought by the applicant and would only support the limit of development as established (without permissions) in 2015, without any further expansion. The significant economic benefits that local businesses provide to the community are acknowledged, however, consideration of such economic benefits should be balanced with environmental considerations. Provincial, Regional and Town land use planning policy direction is to protect the natural environment and direct industrial uses to more appropriate areas. The business has grown significantly
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and intends to expand, and could continue to operate elsewhere in Whitby on other more suitable lands designated and/or zoned to permit the use. 3. Background: 3.1 Site Details and Description The subject land is approximately 4.8 hectares (11.9 acres) in size and is situated on the west side of Thickson Road North, north of Glengowan Street (refer to Attachment #1). The subject land contains: • an existing single detached dwelling; • a contractor’s yard, including associated buildings and structures; • Provincially Significant Wetlands and woodlands; • valleylands related to Pringle Creek, which crosses the southeast portion of the property; • an intermittent stream feeding Pringle Creek, which crosses from north to south through the central part of the property; • a former hydro corridor (decommissioned in early 2000’s), which crosses through the central part of the property from southwest to northeast; and, • a Trans-Northern oil pipeline, which crosses the northeast corner of the property. The surrounding land uses include: • natural heritage areas (wetlands/woodlands); single detached dwelling with contractor’s yard (not permitted); Whitby/Ajax Animal Services to the north; • natural heritage areas; single detached dwellings to the south; • natural heritage areas; single detached dwellings; stormwater management pond; playground to the east; and, • natural heritage areas; Town-owned open space land; hydro corridor to the west (refer to Attachment #1). 3.2 Background In 2002, according to the applicant’s Planning Justification Report, the current owner (Clara Conforti) purchased the property. The existing dwelling on the property was occupied by Nick and Clara Conforti, between 2002 and 2010, and has since been leased to other tenant(s). In 2002, Optilinx Systems Inc. (Nick Conforti), commenced using the northern portion of the property as a contractor’s yard (fibre optic cabling), with accessory uses and outdoor storage, without the necessary land use permissions. According to the applicant, Optilinx has since grown from a small operation into a much larger enterprise. Based on information provided by the proponent, it is understood that the business currently employs approximately 120 people, uses a large fleet of trucks and other equipment, and requires significant outdoor storage.
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In 2007, the Town initiated a comprehensive planning exercise to address the protection of Provincially Significant Wetland (PSW) Complexes throughout the Municipality, including the Whitby-Oshawa Iroquois Beach Wetland Complex, which applies to the subject land. The resulting Official Plan Amendment (OPA 92) was approved in 2010. In 2012, By-law Services received a complaint regarding Optilinx’s operation on the subject land. By-law Services subsequently inspected the property, confirmed that the use was not permitted by the Zoning By-Law, and in 2013 sent a notice of violation to the owner requiring that the land-use permissions for the property be changed to permit the use, or that the business operation on the subject land cease. In March 2013, a pre-consultation meeting was held with Optilinx and relevant agencies and departments. The proponent was provided with preliminary comments and a list of required materials for the submission of Regional Official Plan Amendment, Whitby Official Plan and Zoning By-law Amendments, and Site Plan applications to permit the contractor’s yard use, including a proposed expansion. At the pre-consultation meeting, Region of Durham and the Town of Whitby staff also indicated that the proposed use of the subject land as contractor’s yard is encouraged to locate in “Employment Areas” (Region) / “Industrial” (Town) designations where it is permitted, not within environmentally protected areas. In 2013, following the pre-consultation meeting, Whitby and Regional Economic Development staff offered to assist and identified suitable sites with sufficient site area to accommodate the business’s large scale operation, in areas designated and/or zoned to permit such a use, to help facilitate the relocation of the business. In 2016, following the completion of the necessary studies and reports, Valerie Cranmer and Associates, on behalf of Optilinx, submitted applications for amendments to the Regional Official Plan, Whitby Official Plan, and Zoning By- law (refer to Section 3.3 below). In 2018, CLOCA issued a notice of violation regarding development/interference within a wetland, and development in an area where it could interfere with hydrologic function of a wetland, contrary to CLOCA’s Ontario Regulation 42/06. 3.3 Applications/Development Proposal On June 21, 2016, applications for Official Plan Amendment and Zoning By-Law Amendment were submitted by the applicant, and were deemed incomplete (pending submission of additional supporting studies). Revised applications, with additional supporting materials were submitted on September 22, 2016, and deemed complete on October 31, 2016. The Official Plan Amendment application seeks to change the “Environmental Protection/Conservation Lands”, “Hazard Land”, “Major Open Space 2”, and “Major Open Space 3” designations in the Taunton North Community Secondary Plan to permit a contractor’s yard and associated uses.
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The Zoning By-Law Amendment application seeks to amend Zoning By-Law 1784 to permit a contractor’s yard including outdoor storage, repair garage for the service of vehicles associated with the operations and ancillary offices. The applicant is also seeking to rezone a portion of the subject lands to allow the continuation of the existing single detached dwelling and permit the potential future severance of the residential use from the subject land. On September 23, 2016, an application for a Regional Official Plan Amendment (ROPA) was submitted to permit the contractor’s yard and associated uses as a site-specific exception within the “Major Open Space Areas” designation in the Regional Official Plan. The following documents were submitted in support of the applications: • Planning Justification Report (Valerie Cranmer & Associates Inc., September 2016); • Environmental Impact Study (EIS) (Oakridge Environmental Ltd., March, 2016); EIS Addendum (June, 2016); • Phase 1 Environmental Site Assessment (Oakridge Environmental Ltd., May, 2016); • Phase 2 Environmental Site Assessment (Oakridge Environmental Ltd., July, 2016); • Stage 1-2 Archaeological Assessment (Amick Consultants Ltd., June, 2016); • Storm Water Management Report (GHD, September, 2016); • Traffic Impact Study (Paradigm Transportation Solutions Ltd., April 2016); • Applicant’s Proposed Official Plan and Zoning By-Law Amendments; and, • Conceptual Site Plan (Henry Kortekaas & Associates). Following submission of the applications, the Region of Durham required the submission and peer reviews of a Land Use Compatibility/Noise Impact Study and Addendum. The conceptual Site Plan submitted in support of the applications illustrates the proposed site development and proposed future expansion (refer to Attachment #2). Highlights of the applicant’s conceptual Site Plan include: • Total site area for the proposed development would be approximately 3.6 hectares; • Additional clearing of wetlands/woodlands is proposed, to provide additional parking areas and open storage areas, and areas for proposed new buildings; • 2 new proposed maintenance and office buildings: a one-storey building (900 square metres) in the cleared wetland area; and, a two-storey building (1,000 square metres) on the eastern end of the property; • 4 existing accessory buildings (no record of building permits; existing dwelling predates the applications); and,
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• A proposed natural regeneration area of approximately 1.4 hectares, which would include some previously cleared lands west of the stream and south of the hydro corridor, and near the area of encroachment onto Town land. It is noted that the applicant’s proposed total area to be cleared, graded and developed as shown on the conceptual site plan (approximately 2.1 hectares) is not consistent with the recommendations of the applicant’s EIS and Addendum, which recommends that the limits of existing development, as of 2015, (approximately 1.2 hectares) not be expanded (refer to Attachment #3). Attachment #4 illustrates a comparison of the applicant’s proposed limit of development, the limit of development suggested by the applicant’s EIS, and constraint limits based on natural features and minimum required buffers. 4. Discussion: Review and assessment of the applications is based on consideration of the relevant policies and provisions of the Provincial Policy Statement, Provincial Growth Plan, Durham Regional Official Plan, and the Town of Whitby Official Plan.
4.1 Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) directs municipalities to promote the financial well-being of the municipality, accommodate an appropriate range and mix of employment uses, while avoiding development which may have negative environmental impacts (1.1.1). With regard to employment, the PPS indicates that municipalities shall promote maintaining a range and choice of suitable sites for employment use in designated, protected employment areas (1.3). With regard to Open Spaces, the PPS indicates that healthy, active communities should be promoted by recognizing protected areas and minimizing negative impacts on these areas. (1.5.1.d)). With regard to natural heritage features and functions in particular, the PPS indicates that natural heritage features shall be protected for the long term (2.1.1) and should be maintained, restored, or where possible improved (2.1.2). Specifically, development is not permitted in significant wetlands (2.1.4(a)) and development is not permitted in significant woodlands unless there will be no negative impacts on the features or functions (2.1.5(b)). In addition, development is not permitted on adjacent lands to the natural heritage features and areas (i.e. wetlands/woodlands) unless there will be no negative impacts on the natural features or their ecological functions (2.1.8). Finally, development and site alteration is to be restricted in or near sensitive surface and groundwater features such that the features and their related hydrologic functions will be protected, improved, and restored (2.2.1.e)).
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The existing/proposed use is not consistent with the PPS as it proposes development within areas (i.e. PSW Complexes, buffer areas, and woodlands) that are intended to be protected from development.
4.2 A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2019) The Province’s Growth Plan directs where and how growth should occur and promotes the creation of compact, vibrant, and complete communities that are transit-supportive, pedestrian-friendly, and reduce dependence on the automobile as well as the protection, conservation, enhancement and wise use of the valuable natural resources of land, air, and water for current and future generations. The Growth Plan directs Municipalities to make more efficient use of existing employment areas, ensure the availability of sufficient employment land in appropriate locations, and to integrate land use planning and economic development goals to retain and attract employment (2.2.5.1). With regard to the Natural Heritage, the Growth Plan states that municipalities will apply appropriate [Official Plan] policies to maintain, restore, or enhance the diversity and connectivity of the system and the long-term ecological or hydrologic functions of the features and areas (4.2.2). To determine the limit of new development and required vegetation protection zone (VPZ), an EIS in support of a development application must demonstrate that:
• there are no negative impacts on key natural heritage/hydrologic features and functions; • connectivity along the system and between key natural heritage/hydrologic features will be maintained/enhanced; • removal of other natural features not identified as key natural heritage/hydrologic features is avoided, where possible; and, • the disturbed area, including any buildings/structures and impervious surfaces, is limited. The Growth Plan directs municipalities to continue to protect key natural heritage features and key hydrologic features in a manner consistent with the PPS.
4.3 Durham Regional Official Plan The subject land is designated “Major Open Space Areas” in the Durham Regional Official Plan (ROP). The current land use designation does not permit the proposed contractor’s yard. Lands designated “Major Open Space” areas contain key natural heritage features and hydrologic features, and the predominant use of those lands shall be for conservation, and for agricultural uses outside of the urban area (10A.2.1). Development applications within “Major Open Space” areas are required to demonstrate that the use is appropriate for the location, be compatible with sensitive uses, have no negative impact on key
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natural heritage features, maintain and enhance natural vegetation and connectivity, and be subject to local planning approvals including specific zoning (10A.2.5). The ROP also indicates that any key natural heritage or hydrological features that are damaged/destroyed by unauthorized development or site alteration continue to be protected by the relevant policies in the ROP, and are required to be restored as part of any development approval process (10.2.5). The subject land contains woodlands and wetlands identified as Key Natural Heritage and Hydrologic Features, as well as being located within highly vulnerable aquifer and significant groundwater recharge areas. With regard to development within, or in proximity to, natural heritage areas, the ROP does not permit development or site alteration in key natural heritage and/or hydrologic features, including any associated vegetation protection zone (with certain exceptions, but not including industrial uses) (2.3.15). Appropriate limits of development and recommended vegetation protection zones are to be determined through an EIS in consultation with and acceptable to the conservation authority (2.3.16; 2.3.43). As it relates to the Region’s Greenland System, and more specifically, as it relates to the size, diversity and connectivity of key natural heritage features and hydrologic features within the Lake Iroquois Shoreline, the intent of the ROP is that the natural heritage system be maintained, managed and enhanced as a connected and integrated system (10.3.5). The contractor’s yard use and removal of natural heritage features on the subject lands has resulted in the loss of wetland and woodland. Further expansion of the existing use would result in further loss of key natural heritage features, contrary to the ROP policies regarding restoration of damaged/destroyed features and the extent of limits of development being those prior to removal. Based on the relevant policies of the ROP, neither the existing use, nor the proposed expansion thereto would conform to the ROP, as it involves development within areas that are to be protected (i.e. KNHF; HSF; PSW’s; Lake Iroquois Shoreline). This type of industrial use should be directed to the Employment Areas land use designation, where such uses are permitted.
4.4 Whitby Official Plan Although the Official Plan has been updated since the submission of the applications (OPA 105 – OP Review), the intent of the relevant policies has not significantly changed, and moreover, the relevant policies of the more specific Taunton North Community Secondary Plan have not changed. The Whitby Official Plan designations and related policies relevant to the subject land are as follows:
• Schedule ‘A’ – Land Use: “Major Open Space” (Refer to Attachment #5a);
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• Schedule ‘C’ – Environmental Management: “Natural Heritage System”, “Natural Hazards” (Refer to Attachment #5b); • Schedule ‘P’ – Taunton North Community Secondary Plan: “Environmental Protection/Conservation Land”; “Major Open Space 2”; Major Open Space 3”; and “Hazard Land” (Refer to Attachment #5c); • Schedule ‘Q’ – Taunton North Community Secondary Plan: Valley Corridors; Core Woodland; Fill Areas; Requires Full EIS (Refer to Attachment #5d); • Appendix 1 – Technical Mapping of Environmental Elements: “Provincially Significant Wetland” (Whitby-Oshawa Iroquois Beach Complex PSW); “Wetland” and “Woodland” (Refer to Attachment #5e); and, • Appendix 2 – Highly Vulnerable Aquifers; Significant Groundwater Recharge Areas (Refer to Attachment #5f). In 2000, Council adopted OPA18 to the Whitby Official Plan, which established the Taunton North Community Secondary Plan, using an ‘environment first’ approach to development. The Secondary Plan designated the subject land as a combination of Environmental Protection / Conservation Lands (EP/CL), Major Open Space 2 (MOS2) and 3 (MOS3), and Hazard Land (HL). Policies to protect the natural heritage features and functions on the subject land have been in place since 2000. The policy directions of the Whitby Official Plan, as contained in Section 5 – Environmental Management, and in particular 5.3.7 – Natural Heritage, regarding protection of the environmentally sensitive natural heritage system, features and functions, does not support the existing/proposed use, as outlined briefly below:
• development is not permitted within key natural heritage features, hydrologic features and associated vegetation protection zones (e.g. 5.3.7.4; 11.10.6); • development is not permitted within Provincially Significant Wetlands or woodlands (e.g. 5.3.7.1; 5.3.7.5); • woodlands and trees shall be preserved, including associated vegetation protection zones (e.g. 5.3.1.4); • significant minimum vegetation protection zones (i.e. buffers) are required for KNHF / HSF including: 30 metres for PSW’s; 15 metres for other wetlands; 30 metres for cool watercourses; 10 metres from woodlands;. Although minimum VPZ’s may be reduced, reduction would be subject to CLOCA’s acceptance of the EIS (5.3.7.8); and, • linkages within the Natural Heritage System shall be protected (5.3.1.5; 5.3.7.13; 11.10.6.3). The Official Plan states that removal or destruction of natural features and functions shall not provide the rationale for removal of these lands from the EP/CL designation (11.10.6.5) and that the Municipality will not consider the removal of the feature as being the basis for any application seeking development approvals (5.3.7.14). Removal/destruction of features are encouraged to be restored
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(11.10.6.5) and dedicated to the municipality through the development approval process (11.10.6.7). The Whitby Official Plan also recognizes the importance of the former Lake Iroquois Shoreline/Beach. Significant natural areas along the former Shoreline are generally located in Concession IV and V and are designated “Major Open Space” (refer to Schedule ‘C’ – Environmental Management on Attachment #5b). These lands comprise important groundwater recharge and storage areas, significant woodland areas and wildlife habitats. The OP states that Council shall endeavor to maintain and enhance the environmental integrity and connectivity of these lands through the development approval process (2.3.5; 5.2.1; 5.3.3; 11.10.6). The existing/proposed use is not consistent with the policy direction regarding protecting the environmental integrity and connectivity along the Lake Iroquois Shoreline. The existing/proposed use does not conform to the Whitby Official Plan policies that seek to preserve, protect, maintain and enhance the key natural heritage features and functions, including Provincially Significant Wetlands. Although the boundaries of the Natural Heritage System may be refined through an EIS (5.3.7.3), CLOCA has indicated that it is not satisfied with the findings of the applicant’s EIS as it has not adequately demonstrated no negative impact (5.3.7.6).
4.4 Zoning The subject land is currently zoned ‘A’ – Agricultural in Town’s Zoning By-Law No. 1784 (refer to Attachment #6). The ‘A’ – Agricultural generally permits: • one farm-related single detached dwelling; • one single detached dwelling unrelated to farming; • farm and farm-related buildings, field crops, allotment gardens, market gardening, apiaries, nurseries, orchards and greenhouse structures; • farm produce retail sales outlet; • conservation area; • forestry / reforestation; and, • public use. The proponent has submitted a Zoning By-law Amendment application to change the zoning to an industrial zone category to permit the contractor’s yard and accessory uses.
4.5 General Comments A review of historical aerial photography between 2002 and 2019 (refer to Attachment #7) indicates Optilinx’s contractor’s yard has continued to expand in size and intensity, and there has been continued clearing of environmental features, as summarized below:
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• clearing of a forested wetland area (designated EP/CL) for additional open storage; without the necessary approvals of Central Lake Ontario Conservation (CLOCA) and Region of Durham, inconsistent with the recommendations indicated in the applicant’s EIS; • clearing of other wetland/wooded areas (designated EP/CL, MOS2, and/or HL); • clearing/filling/grading of wetland/wooded areas and former Hydro corridor (designated EP/CL and MOS2) for open storage uses; • clearing of vegetated/wooded areas (designated EP/CL and MOS3) for parking use; • new buildings constructed and shipping containers placed in cleared/filled/graded areas (designated EP/CL and HL); no record of building permits; and, • clearing/filling/grading, and encroachment on adjacent Town-Owned land (designated EP/CL) – which has since been addressed. The applicant’s Environmental Impact Study (EIS) and Addendum as well as the Planning Justification Report submitted in support of the applications acknowledge certain filling/grading activities and removal of environmental features on the subject lands. On June 12, 2018, staff from the Ministry of Natural Resources and Forestry (MNRF), CLOCA, the Town of Whitby, and the Region of Durham attended the subject land to assess the status of natural heritage systems, features and functions on the subject land, to stake the limit of the Provincially Significant Wetland, and to identify wetlands/wooded areas that had been removed and/or filled. Much of the forested areas near streams on the subject lands were determined by Ministry staff to be Provincially Significant Wetlands. Wetlands of unknown/unevaluated status were identified on the western portion of the property, and cleared/filled wetlands were also identified on the property. MNRF’s mapping, which was updated to reflect the site visit in 2018, identifies various wetland features, as well as woodlands covering much of the north and central parts of the property, including areas which have been cleared and used for industrial activities (refer to Attachment #8). The applications have not been revised to reflect the 2018 findings, nor to propose a revised limit of development. As outlined above, the intent of the relevant land use policy direction is to protect the subject lands for its natural heritage features and functions, and to direct industrial uses to appropriate areas. Based on the assessment completed by the Town, CLOCA and MNRF, it has been determined that the site is not suitable for the existing/proposed use. Continuation of the business at this location would result in further removal of environmental features to accommodate the Optilinx’s successful and growing business. The contractor’s yard is not compatible with the sensitive natural environment on and adjacent to the subject land. The Whitby Official Plan states that Council shall consider whether approval of an Official Plan Amendment application would establish a precedent (10.1.4.3).
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Should the application be approved, then it would set an undesirable precedent by allowing removal of key natural heritage features to be used as a rational for proposed development and by allowing development within prohibited areas such as Provincially Significant Wetlands.
4.6 Economic Considerations The Whitby Official Plan identifies the importance of a diverse and healthy employment base, including the provision of a full range of strategically located serviced land to accommodate a variety of commercial and industrial employment and service opportunities. As of 2018, the Town’s information indicates an available supply of vacant industrial lands that are suitable for the proposed use (i.e. designated/zoned; sufficient site area; within Industrial areas; access to major arterial roads). The importance of economic considerations, and the economic benefits that Optilinx’s business provides to the community is acknowledged. However, economic considerations must be balanced with environmental considerations. Land use planning policy direction is to protect the natural environment as well as direct industrial uses to more appropriate areas. As there has not yet been major investment in large maintenance and office buildings, and the current use is mostly open storage of materials, the business could continue to operate elsewhere in Whitby on other suitable, available lands designated and/or zoned to permit the use. Based on the analysis outlined herein, the applications as submitted, should be refused on the basis of planning considerations. However, should Council wish to allow the existing contractor’s yard use to continue on the subject land for economic reasons, then the limit of development should be restricted to the area identified in the applicant’s EIS and disturbed areas outside those limits must be restored in consultation with CLOCA. In addition, the following matters must be addressed through Site Plan approval:
• the maximum limit of development being that as identified in the applicant’s EIS (2016); • required restoration/buffer planting; • appropriate conditions of approval (CLOCA/Region/Town); • appropriate noise mitigation measures; • updates to Environmental Impact, Traffic Impact, and Noise Studies; • municipal water and sanitary servicing requirements; • Archaeological Assessment and clearance letter; and, • Site remediation and Record of Site Condition. 5. Financial Considerations: Should the applications be approved, then Development Charges would apply to future development.
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6. Communication and Public Engagement: Public Meetings On January 16th, 2017, a Public Meeting was held by the Town of Whitby regarding the Official Plan and Zoning By-law Amendment applications. Minutes of the January 16th, 2017 Public Meeting are included as Attachment #9. Approximately 18 members of the public (mostly employees of Optilinx and/or associated (sub)contractor businesses), were in attendance to speak in support of the business operation, quality of employment, environmental impacts, and consideration of the economic impacts if Optilinx no longer operated in Whitby. Mr. Conforti (Optilinx) indicated that the business has grown in size, and that Optilinx had made efforts to find an alternate local site but had not been successful in finding a suitable location.
Written Submissions The Planning and Development Department received written submissions from the members of the public, identifying the following comments:
• A business owner on Taunton Road East wrote in favour of the application, citing the importance of the business, and the benefit of being located south of highway 407; and,
• A resident of Beachgrove Crescent wrote in opposition of the application, noting that the expansion of the use had been associated with a decline the number of larger wildlife in the area, and increased noise and vibration from the industrial use which could be felt inside her home. The resident was concerned that if the applications were to be approved, the environmental decline and adverse effects would increase. Comments received by the public (e.g. economic benefits; business operation; noise impacts; environmental impact;) have been considered in the review of the applications.
Further Notification All individuals who registered as Interested Parties at the January 16th, 2017 public meeting and any individual who provided written correspondence to the Town have been provided further notification of the June 10th, 2019 Committee of the Whole Meeting. 7. Input from Departments/Sources: Key comments from Town Departments and external Agencies are summarized below. A summary of all comments is contained in Attachment #10. The following Agencies have reviewed the applications and have no objection:
• Enbridge Gas Distribution;
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• Whitby Fire and Emergency Services (subject to adequate water supply for fire-fighting purposes, and appropriate Fire Department access routes); and,
• Elexicon Energy Inc. (formerly Whitby Hydro).
Central Lake Ontario Conservation Authority (CLOCA) CLOCA has recommended refusal of the applications. CLOCA’s position is based on Provincial, Regional and Town land use planning policies, the past removal of environmental features, as well as the environment impact of future expansion. CLOCA notes that any site alteration or development of the subject land will require CLOCA’s approval for the subject land, as per O.Reg. 42/06. Refer to Attachment #10 for CLOCA’s complete comments.
Region of Durham The Region of Durham Region Planning and Development Department (Durham Planning) provided comments on behalf of multiple Regional departments (refer to Attachment #10). Durham Planning states that the proposal will need to demonstrate a number of matters, including consistency/conformity with Provincial and Regional policies and plans. The Region also requires appropriate steps be taken with relevant provincial Ministries, including:
• areas of contamination identified in the Phase II ESA must be remediated and a Record of Site Condition must be submitted to the Ministry of the Environment, Conservation and Parks (MECP); and,
• a clearance letter is required from the Ministry of Tourism, Culture and Sport (MTCS) acknowledging that the Archaeological Assessment work has been received and entered. The Region’s comments also included comments/conditions such as:
• All existing and proposed buildings must be connected to municipal water and sewer, at the proponent’s cost, and all existing wells abandoned according to regulations;
• A 3 metre road widening is required;
• Only one access into the site is allowed on Thickson Road; and
• The Traffic Impact Study must be revised and resubmitted to address a number of issues.
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Durham Regional Planning concludes that, if developable limits can be established, the proponent should consider a revised site design that demonstrates conformity with CLOCA’s requirements, as well as the applicable Provincial, Regional, and Town’s policy requirements. (Refer to Attachment #10 for the Region’s complete comments.) The proposal is deemed to be of Regional Interest, and is not exempt from Regional Approval.
Trans-Northern Pipeline Industries Trans-Northern indicated that they are not yet certain that the proposed site plan is consistent with pipeline needs. Comments/concerns expressed included the following:
• paved parking spaces within the pipeline right of way; additional measures may need to be required if parking is to be permitted in this area;
• proposed tree planting within the pipeline right of way; any proposed planting must conform with Trans-Northern’s landscape guidelines;
• driveway crossing must be engineered and maintained so as to protect the pipeline from the anticipated buildings; and,
• the Phase II ESA found contaminated soil within fill in a test pit in proximity to the pipeline. (Trans-Northern asks to be informed of the results of contaminant analysis completed on borehole samples within the pipeline right of way.)
Town of Whitby - Community and Marketing Services The Community and Marketing Services department (CMS) does not support the further expansion of the operation, and does not support the applications for Official Plan and Zoning By-law Amendments. CMS notes that the entire site is regulated by CLOCA and is of environmental significance, and that the use has expanded without the necessary permissions. CMS also notes the Town’s Open Space land is adjacent to the proposed expansion, and would prefer the environmentally significant portions be restored, severed, and conveyed to the Town to retain as Open Space, to support the Town’s mandate to provide a continuous system of open space areas. If the applications were approved, then cash-in-lieu of parkland dedication at the rate of 2% of land holdings would be required.
Town of Whitby - Public Works The Public Works department has no objection to the applications. However, Public Works has indicated a number of comments and requests that will need to
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be addressed through future Site Plan Application, should the applications be approved. 8. Strategic Priorities: a. Council Goals To deliver local jobs and prosperity through strategic planning and promotion that builds resilience and economic diversity. To ensure Whitby is clearly seen by all stakeholders to be business and investment friendly and supportive; and to continuously improve the customer experience and the effectiveness and efficiency of communications, service delivery and approvals. b. Corporate Strategic Plan and Strategic Priorities 2. Organization We will be a high performing, innovative, effective and efficient organization. OBJECTIVES 2.1. Continually improve how we do things by fostering innovation and focusing on making our processes better
3. Customer We will provide a consistent, optimized and positive customer service experience. OBJECTIVES 3.1. Design service delivery around customer needs. 9. Attachments: Attachment #1 – Site Location Sketch Attachment #2 – Applicant’s Conceptual Site Plan Attachment #3 – Applicant’s EIS Recommended limit of development Attachment #4 – Comparison of Limits of Development Attachment #5 – Excerpts from the Whitby Official Plan Attachment #6 – Excerpt from Zoning By-law 1784 Attachment #7 – Historical Aerial Photography of Subject Land Attachment #8 – Ministry of Natural Resources Environmental Features Mapping Attachment #9 – Excerpt of Minutes of Town of Whitby Public Meeting Attachment #10 – Agency and Stakeholder Comments
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Attachment #1 PL 65-19 Site Location Sketch
Subject Land
Coach Cres Thickson Rd N
Anderson St Glengowan St Solmar Ave Donwoods Cres
Beachgrove Cres
Fantail Ct Samandria Ave Lazio St
Juneau Cres Gateway Ct
Toscana Dr Toscana
RiversEdge Pl Bonello Cres Taunton Rd E
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Attachment #2 PL 65-19 Applicant’s Conceptual Site Plan ST BY of 8 INC. 4 THORNTON RD N DRAWING O L-SP1 TEL 905-839-5599 EMAIL [email protected]
GARRARD RD TENDER CONTRACT CONSTRUCTION AS-BUILT TAUNTON RD E RD TAUNTON NOTES SITE THICKSON RD
1:500 CONLIN RD CONLIN
REVISIONS HWY 407 HWY JULY 21, 2016 SCALE: DATE: LANDSCAPE ARCHITECTS, ARBORISTS, 599 LIVERPOOL ROAD PICKERING, ON L1W 1R1 ENVIRONMENTAL & RECREATIONAL PLANNERS & ASSOCIATES HENRY KORTEKAAS
ANDERSON ST File #2016-076.DWG 2016-076 LOCATION MAP GENERAL NOTES CONCEPTUAL PRELIMINARY SITE PLAN PERMIT
ST WINCHESTER RD E RD WINCHESTER RD, WHITBY, ON 4560 THICKSON GARDEN ST HJK THESE LANDSCAPE DRAWINGS SHALL ONLY BE USED FOR THE THE CONSULTING LANDSCAPE ARCHITECT. PURPOSES INDICATED BELOW AS NOTED AND WHEN SIGNED BY ADVISED THAT CONTRACTORS CONTACT THE LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION ENSURE THE USE OF THESE DRAWINGS ARE INSTRUMENTS OF SERVICE AND THE THE LATEST REVISED DRAWINGS. LANDSCAPE ARCHITECT IS COORDINATION WITH OTHER ASSOCIATED PROFESSIONAL DESIGN SERVICES BEFORE ACTUAL TENDER AND CONSTRUCTION COMMENCES. DIMENSIONS ARE TO BE VERIFIED PRIOR CONSTRUCTION. DRAWINGS ARE NOT TO BE SCALED. IT IS SEALED, SIGNED AND DATED, THE LANDSCAPE ARCHITECT IS CONTRACTED TO PROVIDE CONSTRUCTION ADMINISTRATION AND CERTIFICATION SERVICES BY THE OWNER. ALL APPARENT LANDSCAPE ARCHITECT RETAINS OWNERSHIP OF THESE DRAWINGS. THEY ARE FOR SITE PLAN APPROVAL ONLY AND MAY NOT LIABLE FOR ERRORS OR OMISSIONS ARISING FROM DISCREPANCIES ARE TO BE REPORTED IN WRITING THE LANDSCAPE ARCHITECT BEFORE CONSTRUCTION COMMENCES. REQUIRE FURTHER CONSTRUCTION DETAILING AND UTILIZATION OF THESE PLANS BEFORE THE SAID DRAWINGS ARE 1 2016 / 09 07 BUILDING FACADE CONCEPT ARCHITECT TO DETERMINE THE IMPACT OF VARIATIONS ON THE LOCATION OF PROPERTY LINES, ELEVATIONS AND THE SUITABILITY OF PROPOSED DEVELOPMENT. CONSULTANTS. CONTRACTORS TO CONFIRM THE ACCURACY OF SETBACKS, SITE AND REPORTED TO THE CONSULTING LANDSCAPE CONSTRUCTION MUST CONFORM TO ALL CODES AND FACILITIES ON THIS PLAN WERE DRAWN THE BASIS OF A DIGITAL SITE PLAN OR SURVEY DATA PROVIDED BY OTHER LOCATIONS AND GRADES ETC. ANY VARIATIONS BETWEEN EXISTING CONDITIONS AND THIS PLAN SHOULD BE ADJUSTED ON REQUIREMENTS OF AUTHORITIES HAVING JURISDICTION. IT IS THE RESPONSIBILITY OF CLIENT AND HIS OPTILINX CONTRACTOR YARD CHECKED BY: JOB NO.: PROJECT: DRAWING: DRAWN BY: NO. DATE PRELIMINARY SITE PLAN
E
RISE H
T A
P RISE
H N
THICKSON ROAD THICKSON N T U
A S
P SIGN
N
U
S
R R E E M T M N SET SU I GROUND W TRIANGLE TRIANGLE 75m
DAYLIGHT DAYLIGHT
SET
W
N 19° 23' 00" W 187.452 W 00" 23' 19° N WIDENING BY DEPOSITED PLAN No. 693 (HWYS) 693 No. PLAN DEPOSITED BY WIDENING
5 6
9.2 9.2 FENCE
POST AND WIRE AND POST L-D2 L-D2
LANDSCAPE BUFFER LANDSCAPE
9.0 7.5 10.5
10.5 10.5
SCALE 1:500
9.0 70.4 10 15 50 PAD W/ MESH
2.75
TYP. (TYP. X 2) TYP.
CONCRETE CURB 5.8 24.4 40 NATURAL CONCRETE Z:\2016\2016-076 OPTILINX 4560 Thickson - Valerie Cramner\FINAL WORKING\2016-08-25\FINAL AUTOCAD DRAWING\2016-076.dwg, L-SP1, 2016-12-06 1:10:48 PM 58.3 50MM MESH LINK FENCE WITH GATES DOUBLE SWING 1.5M HT. CHAIN 2 STOREY PROPOSED BUILDING 13 11 L-D1 L-D1 5 6 30
L-D2 L-D2 PART 1 38.1 5.0 10 11 11 16 20 PLAN 40R-13270 155 (TYP. X 2) 4 1 2 100 L-D2 15 L-D2 L-D2 14 25 25
3 20 7.5 L-D2 LINK FENCE WITH 50MM MESH GATES DOUBLE SWING 1.5M HT. CHAIN
AREA
EX.
SHED TYP. NATURAL 7 3.5
TYP.
AREA L-D1 14.0 NATURAL REGENERATION ACCESSIBLE PARKING SIGN PAINTED LINES ACCESSIBLE PARKING STALL TYP. X 6
REGENERATION EX.
10
SHED
SUPPLY FUEL TOPSOIL
FENCE 8
EX. 8
SHED SOD OVER 150MM 6
7 18.29
201.404 14.7 6
EX. FRAME BUILDING
AND WIRE
SUBJECT TO EASEMENT AS IN INST. No. CO93037 0.6Ø CULVERT
DITCH DITCH 7.5
POST 13 5.0 DETAIL DETAIL DETAIL DETAIL DETAIL 11/L-D1 AREA
LARGE BOULDERS TYP. X 12 CENTRELINE OF STEEL TRANSMISSION TOWER LINE TOWER TRANSMISSION STEEL OF CENTRELINE NATURAL AREA NATURAL AREA OPEN
FENCE REGENERATION STORAGE
5.0 10 REGENERATION AS IN INST. No. WH10697 & WH10731 & WH10697 No. INST. IN AS L-D1
QTY QTY QTY QTY QTY 3,136 m² SUBJECT TO EASEMENT TO SUBJECT 790.2 m 7/L-D2 612.0 m² 2,878 m 245.6 m² 14,280 m² 16,634 m² 1,588 m² 1,829 m² 118.1 m
N 72° 02' 50" E
WIRE
46.77
N19°52'10"W 112.714 N19°52'10"W 30.0 4 SIB
AND
342.90 6.70 TYP.
7.014
30.0
TYP.
6.5 9.0 2.75 BUILDING
1 STOREY
PROPOSED 7.0
POST
3.0 37.7 Site & Imported Rocks (600X600X900mm) 22 10/L-D1 OUTDOOR STORAGE Concrete Paving Crusher Run Limestone Concrete Paving with 200mm depth of 19mm GRANULAR PARKING & CIRCULATION - HEAVY DUTY PROPOSED BUILDING FOOTPRINT Parking EXISTING BUILDING FOOTPRINT LANDSCAPE AREA DESCRIPTION Fences and Gates DESCRIPTION Rocks/Boulders - Large DESCRIPTION DESCRIPTION DESCRIPTION NATURAL REGENERATION AREA 32-31-26 32-31-44 32-17-01 Line Painting - 100mm width 1.2m Ht. Page Wire Fence OPTILINX REFERENCE NOTES SCHEDULE Chain Link Fence - Black Vinyl 1.5m
SYMBOL SYMBOL SYMBOL SYMBOL SYMBOL FENCE 7
20" E 12 L-D1 L-D2 AREA NATURAL REGENERATION
140.565
03'
GRANULAR SURFACE HEAVY DUTY POST AND WIRE FENCE 6.5
N 72°
RAIL
RELEASED AND ABANDONED BY INST. NO. 1178993 NO. INST. BY ABANDONED AND RELEASED
SUBJECT TO EASEMENT AS IN INST. No. WH10828 No. INST. IN AS EASEMENT TO SUBJECT PART 2 PLAN 40R - 21186 - 40R PLAN 2 PART AREA OPEN FUTURE
STORAGE B L O C K 1 1 1
5.0 9.0 9.0 5.0
N 72° 02' 50" E 155.500
5.0
3.0
N 19° 23' 00" W 74.764 W 00" 23' 19° N PART 3 PLAN 40R - 21186 - 40R PLAN 3 PART
R E G I S T E R E D P L A N 4 0 M -2 1 2 3
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Attachment #3 PL 65-19 Applicant's EIS Recommended Limit of Development m 8 FIGURE NO. 1:2,500 ³ Scale: 25 Constraints Plan Part Lot 21, Concession 4 Optilinx Yard Contractor Unevaluated Wetland Evaluated Wetland Approximate Property Boundary Recommend Silt Fence Suggested Development Area 5 M Replanting Zone/Stream Buffer Areas to be Remediated Contour Town of Whitby, Durham Region of Whitby, Town 13-1789 0 50 100 4500 (4560) Thickson Road North March 2016 Environmental Impact Study (EIS) LEGEND !! Note: Base map provided by First Solutions Inc. (2015). TITLE PROJECT # PROJECT DATE Wetland boundaries were provided by Ministry of Wetland Natural Resources Land Information Ontario Database, 2013. copyright the Queen's Printer,
666100
k
e
e
r C e l g i n r THICKSON RD N P 666000
665900 ! ! !
!
!
!
!
! ! n/a
! ! !
n/a ! ! ! !
BEACHGROVE CRES 665800
665700 n/a
Whitby-Oshawa Iroquois Beach Wetland Complex Whitby-Oshawa Iroquois Beach Wetland
4866400 4866300 4866200 4866100 4866000
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Attachment #4 PL 65-19 Comparison of Limits of Development
2016 - Aerial with Applicant's Proposed Zoning and Site Plan
Restricted Light Industrial (M1)
Greenbelt (G) Thickson Rd N
4560 Thickson Road North Legend
Proposed Developments Date: M ay 2019 NAD83 UTM Z one 17N Proposed Zoning Proposed Building Footprint BeachgroveDigital cartography byCres The Corporation of the Town of Whitby, Pl anning Departm ent. Copyright 2019 Town of Whitby. All rights reserved. Subject Land Existing Building Footprint May not be reproduced without permi ssion. 575 Rossland Road East, Whitby, Ontario, Canada, L1N 2M8 Phone 905-430-4306 Fax 905-668-7812 Natural Regeneration Area www.whitby.ca
External Data Sources: 2017 Orthophotography provided by © First Base Solutions Inc. Outdoor Storage Parcel Fabric: © Teranet Enterprises Inc. and its suppliers. Residential (R2A) Coach Cres ± All rights reserved. Not a Plan of Survey. The Town of Whitby assumes no responsibility for any errors, and is not Parking & Circulation Heavy Duty Ganular 0 10 20 liable for any dam ages of any kind resulting from the use of, or reliance on, the information contained i n thi s document. The Town of Whitby does not make any representations or warranty, express or im plied, concerning the accuracy, quality, l ikely results or reliabili ty of the use of the information Concrete Paving Metres contained in this document.
2016 - Aerial with Development Limit from the Applicant's EIS Thickson Rd N
4560 Thickson Road North
Date: M ay 2019 Legend NAD83 UTM Z one 17N
Digital cartography by The Corporation of the Town of Whitby, Pl anning Departm ent. Copyright 2019 Town of Whitby. Subject Land All rights reserved. BeachgroveMay not be reproduced withoutCres permi ssion. 575 Rossland Road East, Whitby, Ontario, Canada, L1N 2M8 Phone 905-430-4306 Fax 905-668-7812 Suggested Development Area www.whitby.ca External Data Sources: 2017 Orthophotography provided by © First Base Solutions Inc. Parcel Fabric: © Teranet Enterprises Inc. and its suppliers. ± All rights reserved. Not a Plan of Survey. Coach Cres
The Town of Whitby assumes no responsibility for any errors, and is not 0 10 20 liable for any dam ages of any kind resulting from the use of, or reliance on, the information contained i n thi s document. The Town of Whitby does not make any representations or warranty, express or im plied, concerning the accuracy, quality, l ikely results or reliabili ty of the use of the information Metres contained in this document.
2018 - Aerial with Key NHF and VPZ Thickson Rd N
4560 Thickson Road North Legend Date: M ay 2019 BeachgroveNAD83 UTM Zone 17NCres Watercourse Watercourse - 30m VPZ Digital cartography by The Corporation of the Town of Whitby, Planning Department. Copyright 2019 Town of Whitby. All rights reserved. Parcel Fabric Wetlands - Other - 15m VPZ May not be reproduced without permission.
575 Rossland Road East, Whitby, Ontario, Canada, L1N 2M8 Subject Land Provincially Significant Wetlands - 30m VPZ Phone 905-430-4306 Fax 905-668-7812 www.whitby.ca Coach Cres External Data Sources: Woodlots - 10m VPZ 2017 Orthophotography provided by © First Base Soluti ons Inc. Provincially Significant Wetlands (LIO, 2018) Parcel Fabric: © Teranet Enterprises Inc. and its suppliers. ± All rights reserved. Not a Plan of Survey. É The Town of Whitby assumes no responsibility for any errors, and is not !! liable for any damages of any kind resulting from the use of, or reliance on, Wetlands - Other (LIO, 2018) the information contained in this document. T he Town of Whitby does not 0 10 20 make any representations or warranty, express or i mplied, concerning the accuracy, quali ty, likely results or rel iability of the use of the information contained i n this document. Woodlots (CLOCA, 2018) Metres
Page 127 of 283 Anderson Street @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ @ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Legend Notes: Schedule 'E', including the Oak Ridges Moraine Secondary Plan. Some legend items may not appear on the displayed figure extent. figure displayed the on appear not may items legend Some Plan. Secondary Moraine Ridges Oak the including 'E', Schedule @ @ @ @ Refer to the applicable Secondary Plan for more detailed land use designations. Secondary Plan boundaries can be found on found be can boundaries Plan Secondary designations. use land detailed more for Plan Secondary applicable the to Refer @ Hydro Corridor Excerptfrom the Town Whitby of Official SchedulePlan 'A' General Industrial General Residential Estate Commercial Community Agricultural Special Purpose Commercial Purpose Special Special Node Activity Residential Industrial Prestige Use Mixed Space Major Open Major Commercial Institutional Hamlet Subject Land
Hydro Corridor Trans-Northern Oil Pipeline Oil Trans-Northern
J J J
( ! !( " LC U OfficialPlan Policy 14.13.7 Urban Central Area Boundary SouthernOakofMoraine Boundary Ridges Municipal Boundary MajorCentral Area Boundary Hamlet Boundary Greenbelt Protected BoundaryCountryside Future Urban Development Area Boundary Community Central Area Boundary 2031Urban Area Boundary Utility Resource Extraction Section Area (See 4.12) Local Central Area LandsSubject Regional Durham to Attachment #5a This schedule forms part of the Official Plan of the Town of Whitby and must be read in read be must and Whitby of Town the of Plan Official the of part forms schedule This conjunction with the written text. For all intents and purposes, the elements within elements the purposes, and intents all For text. written the with conjunction Official Plan - Town Plan Official Whitby of Excerpt from Excerpt Schedule 'A' Schedule Land Use Land this schedule are to be considered conceptual. considered be to are schedule this Thickson Road North Page 128 of283 Agenda Item#9.1 0100 50 0
Metres ± Schedule PL A 65-19 Anderson Street
Note: Legend ( ( ( #
J J ( (
( ( ( Some legend items may not appear on the displayed figure extent. figure the displayed on appear may not items legend Some ( ( Municipal Boundary Municipal Natural Hazards Natural Greenbelt Protected Countryside Boundary Countryside Protected Greenbelt Moraine Ridges Oak of Boundary Southern Limit Shoreline Ontario Lake km 1 Site Disposal Waste Former Beach Iroquois Lake Former System Heritage Natural Greenbelt Natural Heritage System Heritage Natural Excerpt from the Town of Whitby Official Plan Schedule 'C' Schedule Plan Townthe Official from Whitby Excerpt of
Hydro Corridor Trans-Northern Oil Pipeline Oil Trans-Northern Subject Land Hydro Corridor " D12 Attachment #5b This schedule forms part of the Official Plan of the Town of Whitby and must be read in read be must and Whitby of Town the of Plan Official the of part forms schedule This conjunction with the written text. For all intents and purposes, the elements within elements the purposes, and intents all For text. written the with conjunction Official Plan - Town Whitby - of Plan Official Environmental Excerpt from Excerpt Management Schedule 'C' Schedule this schedule are to be considered conceptual. considered be to are schedule this
Page 129 of283 Thickson Road North Agenda Item#9.1 0100 50 0
Metres ± Schedule PL C 65-19 Agenda Item # 9.1
Attachment #5c PL 65-19 Excerpt from the Town of Whitby Secondary Plan Schedule 'P'
EPCL IND1 MOS3 HL IND1 Subject Land MOS2
EPCL Thickson Road North Road Thickson MOS2
HL SPA LDR1 LDR3
MOS1
HL Legend Schedule
!!!!!!!!!!! !! !!!!!!!! ! EEEE !! !!!!!!!! ! Environmental Protection/ Excerpt from: !! !!!!!!!! ! Low Density Residential (LDR) Secondary Plan Boundary !!!!!!!!!!! EEEE !!!!!!!!!!! Conservation Lands (EPCL) !!!!!!!!!!!!! ! !!!!!!!!!!! ! EEEE ! !!!!!!!!!!! ! ! !!!!!!!!!!! ! ! !!!!!!!!!!! ! Medium Density Residential (MDR) Special Policy Area (SPA) 20 Year Urban Boundary Taunton North !!!!!!!!!!!!! !!!!!!!!!!!!!
!!!!!!!!!!!!!!!! !! !!!!!!!!!!!! !! !! !!!!!!!!!!!! !! !! !!!!!!!!!!!! !! !! !!!!!!!!!!!! !! Utility Corridors !! !!!!!!!!!!!! !! High Density Residential !!!!!!!!!!!!!!!! PS Community !!!!!!!!!!!!!!!! ") Public Elementary School Prestige Industrial EPCLProposed Collector Road P )"SS SeperateHL Elementary School Secondary Plan General Industrial Proposed Arterial Road (!DP District Park Town of Whitby Special Purpose Commercial (SPC) (!L P Local Park Major Open Space (MOS) (!P K Parkette 0 30 60 Hazard Land (HL) (!CC Convenience Commercial ± Metres
Page 130 of 283 Agenda Item # 9.1
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Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç PL 65-19 Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç AttachmentÇ #5dÇ ÇÇ Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç ÇÇ Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç ÇÇ Ç Ç Ç Ç Ç Ç Ç ExcerptÇ from theÇ TownÇ of Whitby Secondary Plan Schedule 'Q'Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç ÇÇ Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç 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Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç 2 Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç ÇÇ Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç Ç 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Ç 2 Ç Ç Ç Ç Ç !! !!!!!! ! Ç Ç !! !!!!!! ! Ç Ç Ç Ç Ç Ç !!!!!!!!! Ç Ç Ç High !!!!!!!!! Ç Unit 1 - Valley Corridors Ç Ç Ç Ç Ç ÇÇÇÇÇÇÇ Ç Ç Ç Ç ÇÇ ÇÇÇÇ Ç Ç Ç Ç Ç TauntonÇ North Ç ÇÇÇÇÇÇÇ Ç Ç Ç ÇÇÇÇÇÇÇ Ç Ç Unit 2 - Core Woodland Ç Ç ! !!!! Ç Ç Ç Ç !!!!! Ç Ç Ç !!!!! Unit 3, 3a - Major Groundwater Resource !!!!! Ç Community ! !!! ! Ç 1 !!!!! Unit 4 - Moderate Groundwater Resource Ç Q Low Unit 5 - Non-Forested Glacial Till Secondary Plan ÇÇÇ
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ÇÇÇ Unit 6 - Fill Areas !!!! Town of Whitby !!!! !!!! !!!! !!!! Zone- 1 (Requires Full Environmental ImpactStudy (E.I.S)) !!!! !!! !!! !!! Zone- 2 (Requires Scoped Environmental ImpactStudy (E.I.S)) !!! Study Area Boundary 0 30 60 20 Year Urban Boundary ± Metres Utility Corridors 3a
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Legend Official Plan - Town of Whitby Appendix 2031 Urban Area Boundary JJ Greenbelt Protected Countryside Boundary Municipal Boundary Excerpt From Appendix '1' Southern Boundary of Oak Ridges Moraine 1 Watercourse Technical Mapping of Riparian Corridors Areas of Natural and Scientific Interest (ANSI) (LIO, 2016) Environmental Elements High Potential Aggregate Resource Area (MNRF, 2015) ± Sand and Gravel Resources - Secondary Significance
Lands Subject to Durham Regional 0 50 100 Official Plan Policy 14.13.7 Provincially Significant Wetland (LIO, 2018) Metres Wetland (Evaluated as Other / Not Evaluated) (LIO, 2018) This appendix does not form part of the Statutory Official Plan. The information contained Woodlands (CLOCA, 2018) herein may be updated without amendment when new information is available. Note: Some legend items may not appear on the displayed figure extent.
Page 132 of 283
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Page 133 of 283 Agenda Item # 9.1
Attachment #6 PL 65-19 Excerpt from Zoning By-Law 1784 M1A H-M1 M-AC G H-G- G 2
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Subject Land
A G-1 OS G
R2C*/ OS R2A*-9 R3B* A N Rd Thickson R2B*-9 R2C* Solmar Ave R2C* R2B*-12 R3C* Samandria Ave R2B* G
OS Blossomview Ct G
Town of Whitby Planning and Development Department
Applicant: File Number: Date: DEV-01-16 ± Val Cranmer (Optilinx Systems Inc.) May 2019 OPA-2016-W/04 / Z-19-16
Page 134 of 283 Agenda Item # 9.1
Attachment #7 PL 65-19 Historical Aerial Photography of Subject Land
2002 ThicksonRd N Coach Cres
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2008 Thickson Rd N Coach Cres
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2013 ThicksonRd N Coach Cres
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2018
Thickson Rd N Coach Cres
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Page 135 of 283 Agenda Item # 9.1
Attachment #8 PL 65-19 Ministry of Natural Resources and Forestry Environmental Features Mapping
Wetland Boundaries Pre-2018 Staking Visit Thickson Rd N Rd Thickson
Beachgrove Cres 4560 Thickson Road North
Date: May 2019 Legend NAD83 UTM Zone 17N
Digital cartography by The Corporation of the Town of Whitby, Planning D epartment. MNRF Evaluated Wetland (LIO, 2017) Copyright 2019 Tow n of Whitby. All rights reserved. May not be reproduced without permission.
575 R ossland Road East, Whitby, Ontario, Canada, L1N 2M8 Parcel Fabric Phone 905-430-4306 Fax 905-668-7812 www.whitby.ca
External Data Sources: 2017 Orthophotography provided by © First Base Solutions Inc. ± Parcel F abric: © Teranet Enterprises Inc. and its suppliers. Subject Land All rights reserved. N ot a Plan of Survey.
The Town of Whitby assumes no responsibility for any errors, and is not 0 10 20 liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this docum ent. The Tow n of W hitby does not make any representations or warranty, express or implied, concerning the accuracy, quality, likely results or reliability of the use of the information Metres contained in this document.
Wetland Boundaries Post-2018 Staking Visit Thickson Rd N Thickson
Beachgrove Cres
4560 Thickson Road North Legend Date: May 2019 NAD83 UTM Zone 17N
Watercourse (MNRF, 2018) Digital cartography by The Corporation of the Town of Whitby, Planning D epartment. Copyright 2019 Tow n of Whitby. All rights reserved. Parcel Fabric May not be reproduced without permission. 575 R ossland Road East, Whitby, Ontario, Canada, L1N 2M8 Phone 905-430-4306 Fax 905-668-7812 Subject Land www.whitby.ca
External Data Sources: 2017 Orthophotography provided by © First Base Solutions Inc. MNRF Evaluated Wetland (LIO, 2018) Parcel F abric: © Teranet Enterprises Inc. and its suppliers. ± All rights reserved. N ot a Plan of Survey.
The Town of Whitby assumes no responsibility for any errors, and is not Wetland No Longer Present (LIO, 2018) 0 10 20 liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this docum ent. The Tow n of W hitby does not make any representations or warranty, express or implied, concerning the accuracy, quality, likely results or reliability of the use of the information Wetland Status to be Determined (LIO, 2018) Metres contained in this document.
Page 136 of 283 Agenda Item # 9.1
PL 65-19
Attachment #9 Planning and Development Committee Meeting Minutes from January 16, 2017 File Numbers OPA-2016-W/04 and Z-19-16
Valerie Cranmer, Valerie Cranmer and Associates, 681 Highpoint Road, Port Perry and Rob West, Oakridge Environmental Limited, Peterborough, representing Optilinx Systems Inc., appeared before the Committee and provided an overview of the proposed applications. Ms. Cranmer submitted correspondence to the Town Clerk from various residents and businesses in support of the applications. The Chair opened the floor for comments from the public.
Stephen Kozik, 557 Aintry Drive, Stouffville, appeared before the Committee and stated that he owns a business located in Toronto that has obtained rights to a revolutionary development that would assist with cable extrusion and that he has partnered with Optilinx Systems Inc. Mr. Kozik advised that he is close to securing a facility in Whitby and would be hiring between 15 and 25 employees within the next few months with a targeted employment of up to 80 employees within two to three years. He commented that if Optilinx Systems was no longer operating in Whitby, his business plans would be affected. Timothy Wortman, 82 Division Street, Bowmanville, appeared before the Committee and stated that he has been a resident in the Region of Durham for 43 years. He advised that he has been employed at Optilinx Systems Inc. for 4 years and that prior to this employment he was on welfare. He commented that through various promotions over his term of employment that he is currently in a position to purchase a home noting that he would like to move to Whitby. Mr. Wortman stated that Mr. Conforti is a fair individual who provides many opportunities for his employees. He requested that Council consider the impact to the employees if Optilinx Systems was no longer able to operate in Whitby. He further requested that Council consider the impacts on the wildlife in the area if the property was developed into a residential subdivision. Ryan Marshall, 4650 Thickson Road North, appeared before the Committee and stated that he lives beside Optilinx Systems Inc. He commented that there are not a lot of good paying jobs in Whitby. Mr. Marshall stated that more housing is great but that it is of no value if you do not have any employment. He urged the Committee to consider the attendance for the public meeting noting that people want to retain their employment at Optilinx Systems Inc. He stated that the economy is not what is used to be and that people have to choose whether to pay rent or buy food. He further stated that this particular business is one of few within Whitby that enables its employees to buy food and pay rent. He requested that the Committee consider the impact on the
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employees should Optilinx Systems not be able to operate in Whitby. Triston Engley, 309 Avenue of Champions, appeared before the Committee and stated that he has been employed at Optilinx Systems Inc. for 4 years. He stated that Mr. Conforti employs a number of younger individuals as well as summer students which assists them in building their careers and futures. Mr. Engley advised that he has sighted turkeys, deer and coyotes in the area and raised concerns regarding possible future development and the impact that would have on the wildlife. John Hill, 356 King Street West, Oshawa, appeared before the Committee and stated that he has done business with Mr. Conforti over a number of years. He further stated that Mr. Conforti has purchased many properties within the Region of Durham and that he and his business have had a positive effect in Whitby. Mr. Hill commented that Mr. Conforti brings a number of employees to Whitby which in turn spend money in Whitby's stores and businesses. John Stainthorpe, 4564 Highway 2, Newtonville, appeared before the Committee and stated that he owns a mechanical repair shop and provides maintenance on all of the trucks and equipment for Optilinx Systems Inc. He further stated that he has a small business and that if Optilinx Systems Inc. had to relocate it would be a great loss to him insofar as loss of income and employees. Maria D'amico, 280 Cadillac Avenue South, Oshawa, appeared before the Committee and inquired about the signage when entering Whitby from Oshawa noting that the sign states 'Durham's Business Centre'. She inquired why Council would not support a business founded by a resident of Whitby who is looking to comply with the Town's requirements. Ms. D'amico advised that she has had the opportunity to work at Optilinx Systems Inc. and has witnessed a one room business grow into what it is today. She stated that the company's vehicles travel outside of Whitby through various regions and represent Whitby. She further stated that the employees in attendance at the meeting represent a company. She urged the Committee in its pride of Whitby being the 'Durham's Business Centre' to work with Optilinx Systems Inc. to keep the business within Whitby. Lance Darlington, 733 Laurentian Avenue, Oshawa, appeared before the Committee and commented on the valuable business that Optilinx Systems Inc. brings to the Region of Durham. He inquired whether Members of Council use internet and/or cable noting that the employees are working hard every day to repair cable and ensure that these services are working. Mr. Darlington commented on the agricultural area behind the subject land and inquired about future development in this area. Paul Sutherland, 26 Elgeti Drive, Peterborough, appeared before the Committee and stated that he has been a subcontractor for a landscaping company and has worked with Optilinx Systems Inc. on and off for 10 years. He further stated that he has visited the yard at Optilinx Systems Inc. and commented on the environmental aspects of the yard including the cleanliness and tidiness of the site. Mr. Sutherlund advised that the location of the business is convenient and close to home.
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Carl Johnson, 6 Wood Drive, appeared before the Committee and stated that he moved to Whitby last year. He advised that he previously worked at a hardware store and had no other work experience. Mr. Johnson stated that Mr. Conforti not only employed him but provided and paid for various courses and licences so that he could work for the Company and noted that Mr. Conforti has been a fair employer. Caleb Warren, 75 Haverhill Crescent, appeared before the Committee and stated that he has worked at Optilinx Systems Inc. for 5 years. He advised that prior to working at Optilinx Systems Inc. he purchased a home in Whitby and was commuting to work, leaving home early in the mornings and arriving home late in the evenings. He stated that he needed to make a change in order to spend time with his family and gained employment at Optilinx Systems Inc. He stated that if the company were to be relocated, the impact to him and his family would likely include him having to commute and/or consider a career change. He stated that his plan is to finish his career in Whitby as he lives here and does not want to move. Vince D'amico, 280 Cadillac Avenue South, Oshawa, appeared before the Committee and stated that he is not employed by Optilinx Systems Inc. but is related to Clara Conforti. He further stated that he has witnessed the company grow over the years. He commented that Mr. Conforti is a successful business man who is not driven by greed noting that Mr. Conforti could sell the business and make good money. He stated that Mr. Conforti is driven by his employees and regardless of situations his employees may be going through he is always available to them. Mr. D'amico requested that the Committee make decisions regarding the applications for the right reasons. He stated that the matter is about the lives of people and requested that the Committee consider the employees and the impact on their lives should the business have to relocate. Adam O'Kane, 25 Caroll Street, appeared before the Committee and stated that Optilinx Systems Inc. provides summer jobs for students noting that working there through the summer during his last years of high school enabled him to save money for his tuition to attend the University of Ontario Institute of Technology. He commented that local money stays local and that he was able to ride his bike to work and attend a local school. Mr. O'Kane stated that it is great to have these types of opportunities for young people in the community that would improve their lives and help build their futures. Donato Mastroianni, 203 Samac Court, Oshawa, appeared before the Committee and stated that he has lived in Oshawa since 1960, has a business in Oshawa and does business with Optilinx Systems Inc. He further stated that he understands Mr. Conforti's situation because he had to relocate due to the growth of his business. Mr. Mastroianni stated that Optilinx Systems Inc. should be able to stay at its current location. Gabriele Lazzaro, 46 Calder Crescent, appeared before the Committee and stated that he has never been employed at Optilinx Systems Inc. but wanted to provide his perspective because he has a young family. He commented on the difficulty for young people to obtain local employment.
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Mr. Lazzaro commented that retaining a business in Whitby provides revenue to the municipality. He stated that the location of a business does not necessarily mean compatibility with moving to the location of your employment. He further stated that with transit options and Optilinx Systems Inc. being located in a central location such as Whitby, residents from area municipalities are able to get to work. Mr. Lazzaro commented on future development of housing which would require substantial down payments by first time home buyers noting that the only people that could afford these homes would be people in the area of Toronto which would not assist residents that currently live in the Region of Durham. He stated that development of housing is not always the best option particularly if it is at the expense of losing businesses and employment. Austin Khan, 5 Visser Court, Whitby, appeared before the Committee and stated that he started working at Optilinx Systems Inc. as summer employment which enabled him to save for and purchase his first vehicle. He advised that he is currently employed at Optilinx Systems Inc. and wants to continue his employment there as well as to continue to live in Whitby. Mr. Khan stated that he has lived in Whitby his entire life, that he works Whitby and that he does not want to leave.
Dean York, 3 Phillpot Lane, Ajax, appeared before the Committee and stated that he has been a business owner in the Region of Durham since 1993 and that he does business with Optilinx Systems Inc. Mr. York commented that there are not a lot of businesses of this size in the area. He stated that he was impressed by the number of people committed to Mr. Conforti and his business and that the volume of voices and attendance at the meeting demonstrated the commitment to the business community and to the Town. Nick Conforti, owner of Optilinx Systems Inc., 4560 Thickson Road North, appeared before the Committee and stated that Rogers Communications is one their largest contracts and that business in this area would continue to grow. Mr. Conforti commented that his business is on-call 24/7 noting that relocation of the business could jeopardize response time in the Durham Region. He stated that he has received many letters from businesses and individuals in support of his applications. Mr. Conforti stated that efforts have been made to find an alternate local site but has not been successful in finding a suitable location. He commented that many of his co- operative education students become fibre optic technicians or directional drillers which provides for future careers. There were no further submissions from the public. Valerie Cranmer, Valerie Cranmer and Associates, 681 Highpoint Road, Port Perry and Rob West, Oakridge Environmental Limited, 380 Armour Road, Suite 127, Peterborough, representing Optilinx Systems Inc.,appeared before the Committee and answered questions regarding the current uses of the subject property. A question and answer period ensued between Members of Council and staff regarding:
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• clarification with respect to concerns raised regarding future development of housing on the subject property; • explanation of what has transpired regarding this property over the past 4 years; • clarification with respect to running water and the use of an outhouse on site and the potential for servicing the site; • communication between the Town and Mr. Conforti regarding amenable alternate locations for this business within the Town; • the potential for future availability of lands for this type of business in the Town; • clarification on the process regarding the Region of Durham's Official Plan Amendment and the Town's Official Plan Amendment; and, • the anticipated timeline associated with the recommendation report coming forward.
Recommendation:
Moved By Councillor Drumm
1. That Planning Report PL 1-17 be received as information; 2. That the Planning Department report back to the Planning and Development Committee at such time as input from the public, commenting agencies, and departments has been received and assessed; and, 3. That a copy of PL 1-17 be forwarded by the Clerk to the Region of Durham Planning and Economic Development Department.
Carried
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Attachment #10 PL 65-19 Agency & Stakeholder Detailed Comments File OPA-2016-04 & Z-19-16
Central Lake Ontario Conservation Authority
Purpose of the Applications:
To change the regional and local designation of land use from Major Open Space and Environmental Protection, and the zoning of the property from Agriculture (A) to permit a contractor's yard and associated office uses.
Thank you for circulating these applications to Central Lake Ontario Conservation Authority (CLOCA) for our review and comment. CLOCA staff has reviewed these applications for consistency with the natural heritage and natural hazard policies of the Provincial Policy Statement, 2014 (PPS), and conformity with Ontario Regulation 42/06 of the Conservation Authorities Act , the Greenbelt Plan, 2017 (GBP), as well as natural heritage and natural hazard policies within the local and regional official plans.
Subsequent to the original circulation, CLOCA staff has participated in several meetings with the applicant and their consultants to bring better clarity to our interests and the intentions of the applicant with regard to their development of this site. In addition, a site meeting was attended by Ministry of Natural Resources and Forestry (MNRF), CLOCA, Town, and Regional staff on June 12, 2018 to investigate the status of the natural heritage and natural hazard features on the site. As a result of this meeting, on October 26, 2018 an updated wetland boundary map was provided to our offices by MNRF identifying an updated delineation of the provincially significant wetlands on this site, as well as unevaluated MNRF wetlands that could not be evaluated properly due to the level of disturbance/removal that had recently taken place on the property. Given this information, a written response from the applicant was anticipated with potential modification to the original proposal. No further written correspondence has been provided to date from the applicant regarding a revised development proposal. Given this, the following comments are provided based on the original development concept previously submitted together with the updated wetland information from MNRF and CLOCA's observations from the site meeting in June, 2018.
Background and Environmental Setting
The subject property is within the Pringle Creek watershed. A tributary of Pringle Creek flows through the southeast comer of the site and an intermittent tributary crosses the middle of the property from north to south. Floodplain and erosion hazards associated with these features are also present. The site contains provincially significant wetland and unevaluated wetlands, as well as significant woodland. Most of the property is regulated through Ontario Regulation 42/06 of the Conservation Authorities Act and as
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Attachment #10 PL 65-19 Agency & Stakeholder Detailed Comments File OPA-2016-04 & Z-19-16 such, a permit from CLOCA is required for any site alteration or development on this property. The property is within the CLOCA Natural Heritage System, Region of Durham Greenlands System and Town of Whitby Natural Heritage System. This area has also been identified as a wildlife corridor.
The property is within the former Lake Iroquois Beach formation and is recognized for its importance related to groundwater recharge and ecological and hydrological significance in the Greenbelt Plan and Town of Whitby Official Plan. Land use in this area is governed by the Taunton North Secondary Plan, Town of Whitby Official Plan and Region of Durham Official Plan. Currently this land is designated in the Regional Official Plan as Major Open Space and mostly designated Environmental Protection in the Taunton North Secondary Plan.
Recent Natural Heritage Alterations
Based on aerial photo evidence, in 2002, the property was generally in a natural state with natural regeneration occurring within the historical disturbance of the decommissioned hydro line. Since 2002, progressive removal of vegetation and placement of fill appears to have occurred on the property. Based on observations during the site meeting in June 2018, approximately 2.0 ha of the previously vegetated land on this 5 ha parcel has been converted into open storage, parking and buildings with no permits or approval from CLOCA, the Town or the Region of Durham. We note that the use of the land in this manner was also not permitted through land use designations in the regional and municipal official plans nor through the zoning by-law in effect during that time. The purpose of the existing applications is to create the permissions to facilitate the development of a majority of the lands for a contractors yard and associated office use.
CLOCA Development Regulation
Ontario Regulation 42/06 of the Conservation Authorities Act
The subject lands are regulated through Ontario Regulation 42/06 of the Conservation Authorities Act due to the presence of wetlands, watercourses, floodplain and erosion hazards. A permit from CLOCA is required for any development and/or site alteration within the lands under the jurisdiction of this Regulation. There is a prosecution currently underway by CLOCA related to unauthorized activities on these lands through this Regulation.
In general, as part of the CLOCA permit process, development is not permitted within natural heritage features such as wetlands, watercourses, as well as natural hazard
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Attachment #10 PL 65-19 Agency & Stakeholder Detailed Comments File OPA-2016-04 & Z-19-16 lands such as floodplain and erosion hazards. An update to the submitted EIS would be required to address the updated MNRF provincially significant and unevaluated wetland boundaries to demonstrate conformity with the CLOCA Policy and Procedural Document for Regulation and Plan Review.
Planning
The following planning analysis of these applications has been completed as part of our Memorandum of Understanding with the Region of Durham and Ministry of Municipal Affairs and Housing to review Planning Act applications in the context of relevant natural heritage and natural hazard policy.
Provincial Policy Statement, 2014 (PPS)
Sections 2.1 .1 and 2.1.2 of the PPS state that natural features and areas shall be protected for the long term. It also states the diversity and connectivity of natural features in an area and the longtem ecological function and biodiversity of natural heritage systems should be maintained, restored or where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features. Prior to disturbance, the majority of this property was made up of a natural heritage system identified by CLOCA, and within the Official Plans for the Town of Whitby and the Regional Municipality of Durham.
The PPS also states that development and site alteration shall not be permitted in significant wetlands and shall only be permitted in significant woodlands and lands adjacent to these features if it has been demonstrated that there will be no negative impact on the natural features or their ecological function.
The submitted Environmental Impact Study does not recognize or appropriately mitigate for the proposed impacts to the natural heritage features present on the property. Unauthorized disturbance since 2002 and the additional proposed disturbance to facilitate the development of these lands has and will lead to a net loss of wetland and forested cover, as well as the associated habitat functions in the Pringle Creek watershed. The collection of data to support the EIS was also found to be incomplete, as identified in our previous letter to the applicant on March 6, 2018. Given this, the removal of wetland, woodland and the areas adjacent to these features, as well as the disturbance to the wildlife corridor to accommodate the proposed development would not be consistent with the policies of the PPS. The current land use designations are appropriate and necessary for the location and intended function of this land from a provincial natural heritage policy perspective.
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Attachment #10 PL 65-19 Agency & Stakeholder Detailed Comments File OPA-2016-04 & Z-19-16
Greenbelt Plan (2017) External Connections Policy Direction
External Connections Section 3.2.6.3 of the Greenbelt Plan states that in addition to the urban river valleys, portions of the former Lake Iroquois shoreline, particularly within Durham Region, traverse existing or approved urban areas. Direction is given to municipalities to consider planning, design and construction practices that maintain or, where possible, enhance the size, diversity, connectivity and functions of key natural heritage features, key hydrologic areas of those portions of the Lake Iroquois shoreline within their approved urban boundaries.
This property is located within the former Lake Iroquois shoreline and contains key natural heritage features such as wetlands and significant woodlands as well as key hydrologic areas such as a highly vulnerable aquifer and significant ground water recharge area. The removal of these features and development of this site for industrial purposes would not maintain, enhance the size, diversity, connectivity or function of key natural heritage features or key hydrologic areas of the Lake Iroquois Shoreline and as such do not conform to this policy of the Greenbelt Plan. The current designations are appropriate and necessary for the location and intended function of this land in conformity with the external connections directions of the Greenbelt Plan, 2017.
Durham Regional Official Plan (2017 Consolidation)
This property is designated Major Open Space as part of the Greenlands System in the Regional Official Plan. As stated in the Regional Official Plan, the Regional Greenlands System includes areas with the highest concentration of sensitive and/or significant natural features and functions. Given a majority of this property was historically in a natural state containing significant woodland, provincially significant wetland and tributaries of Pringle Creek, as well as being within the former Lake Iroquois Shoreline, it is therefore appropriate that this property is part of the Regional Greenlands System.
The general policies of the Regional Greenlands System state that these areas are to be managed as a connected and integrated natural heritage system recognizing the functional interrelationships between them. The policies state that every effort should be made to preserve the ecological benefits and biodiversity of the Greenlands System including groundwater resources, air purification, habitats for plants, fish and wildlife.
General Policy I0.2.5 states that in the event that portions of key natural heritage or hydrologic features are damaged or destroyed by unauthorized development or site alteration, these areas and ecological features, functions and/or landform will continue
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Attachment #10 PL 65-19 Agency & Stakeholder Detailed Comments File OPA-2016-04 & Z-19-16 to be subject to all the relevant key natural heritage or hydrologic features policies of this Plan and the lands will be restored as part of any development approval process.
General Policy 10.3.5 states that the maintenance and enhancement of the size, diversity and connectivity of key natural heritage and hydrologic features within the Lake Iroquois Shoreline is encouraged.
Major Open Space policies in the Official Plan state that any proposal for development or site alteration shall demonstrate that there will be no negative effects on key natural heritage or hydrologic features or their functions, connectivity between key natural heritage or hydrologic features be maintained or enhanced for the movement of native plants and animals across the landscape and the removal of other natural features should be avoided.
The submitted environmental impact assessment of the current proposal does not adequately address the fact that key natural heritage features, such as woodland and wetland were damaged by unauthorized development and site alteration. As per the stated regional policies, these lands must be evaluated for their suitability for the proposed land use as if the key natural heritage features had not been damaged or removed. Given this context, the development application does not demonstrate how the key natural heritage and hydrologic features within the Lake Iroquois Shoreline will be maintained or enhanced with the proposed use permitted on these lands. Further, it is clear from the proposed site plan that facilitation of this use on these lands will require further removal of key natural heritage features and potential interference with key hydrologic features. As such, given the ecological and hydrological significance of these lands and the fact that the current state of the natural heritage features on these lands is the result of [un]authorized removals, the proposed applications and supporting study work have not provided an accepted rationale from a natural heritage perspective to support changing the existing Major Open Space regional official plan designation to permit a contractor's yard and associated office uses.
Whitby Official Plan -North Taunton Secondary Plan (2018 Consolidation)
The Town of Whitby Official Plan designates the subject property as Major Open Space on Land Use - Schedule A and partially within the Natural Heritage System and Natural Hazards on Environmental Management Schedule C. Schedule C also identifies these lands within the Fonner Lake Iroquois Beach. Within the North Taunton Secondary Plan Schedules, these lands are identified as containing core woodland and valley corridors and designated as Major Open Space and Environmental Protection/Conservation Lands. Upon examination of aerial photo record of these the
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Attachment #10 PL 65-19 Agency & Stakeholder Detailed Comments File OPA-2016-04 & Z-19-16 lands from 2002 and prior, it is evident that the identification of core woodland and valley corridor on these lands is accurate.
One of the goals of the Taunton North Community Secondary Plan is to ensure that all decisions are based on an "Environment First" principle which preserves, protect s and enhances the significant environmental features, functions and linkages that exist within this area. The objectives of the Plan include the need to work with public and private sector interests to preserve, protect and enhance the significant environmental features, functions, and linkages including, valley and stream corridors, water quality and quantity, groundwater recharge, riparian vegetation, forest and tree cover, wetlands and important terrestrial functions within the community. The objectives also state that any proposed business opportunities which benefit the community and provide employment opportunities are sensitive to environmental conditions.
Policy 5.3.7.14 within the Whitby Official Plan states that where any feature in the Natural Heritage System is damaged or removed without appropriate approvals, the Municipality shall require the reinstatement of the features and will not consider the removal of the feature as being the basis for any application seeking development approvals on the affected lands.
Policy 2.3.5.2.4 within the Whitby Official Plan states that one of the strategic objectives of the policies for the natural environment is to recognize and protect the many significant environmental and topographical features that contribute to the character of the Municipality including the Former Lake Iroquois Beach, woodland areas and wetland areas that support diverse wildlife communities.
Given this policy context and considering the need for significant removal of the existing natural heritage features to facilitate the proposed development, these applications have not adequately demonstrated that the proposed development proposal responds to the existing environmental conditions within the identified Town of Whitby Natural Heritage System and former Lake Iroquois Beach. As such, it is evident that the existing designations within the North Taunton Secondary Plan being Major Open Space and Environmental Protection are appropriate and should not be altered to facilitate the development of a contractor's yard and associated office uses.
Supporting Documentation
CLOCA staff acknowledge that supporting documentation including a Stormwater Management Report (GHD, 2016), Geotechnical Investigation (GHD, 2016), Environmental Impact Study and Addendums (ORE, 2016) and Tree Preservation Plan,
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Attachment #10 PL 65-19 Agency & Stakeholder Detailed Comments File OPA-2016-04 & Z-19-16
(Henry Kortekass, 2016) were included with the official plan and zoning by-law amendment applications. Given the applicable provincial, regional and local natural heritage policy and associated land use considerations related to these lands, CLOCA staff has focused their detailed review on the Environmental Impact Study and Addendums. Detailed comments related to this report were provided to the applicant in March 2018 and are attached to this letter for reference. Until such time as these comments are addressed to our satisfaction and the proposal is revised to incorporate the analysis provided above, our detailed review of the other technical documents will be held in abeyance.
Conclusion
As such, based on this overall policy analysis, our review of historical and current aerial photography, our site inspection and review of the submitted EIS, it is our opinion that the subject lands are appropriately designated in the Regional and Local Official Plans and the proposed change to allow removal of key natural heritage features to support an industrial/commercial use such as a contractor's yard and associated office space is not in conformity with provincial , regional or municipal natural heritage policies . Given this, CLOCA staff recommends refusal of the application for regional and local official plan amendment and zoning by-law amendment to facilitate these uses on these lands.
Comments from CLOCA Natural Heritage: terrestrial & wildlife resources
COMMENTS:
For the purposes of environmental studies, CLOCA requires two breeding bird surveys using the Bird Studies Canada (BSC) protocol. These surveys are to occur between early June and midJuly in a given year to accurately determine the breeding populations on site. Likewise, herpetile information is required to be collected according to Marsh Monitoring Protocols (MMP) as set forth by BSC. MMP surveys require 3 dates in a given year, one in mid-April a second mid-May and the final survey occurring in mid-June. Vegetation surveys are ideally conducted in spring, summer and fall of the same calendar year to capture all herbaceous species. A three season survey on this site would be extended to include late summer/early fall blooming species that, in some cases, are regionally rare and confined to the habitat provided by the Lake Iroquois Shoreline geographic region.
The EIS notes that 3-season surveys were required based on the pre-consultation minutes from April 8, 2013. The survey dates provided do not fall within the
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Attachment #10 PL 65-19 Agency & Stakeholder Detailed Comments File OPA-2016-04 & Z-19-16 appropriate windows to capture all birds, herpetiles and vegetation. The spring/summer survey dates that have been noted in the EIS are May 10th and June 20th which are insufficient to collect the necessary data for breeding birds and amphibians. The fall dates, October 2nd 2013 and November 7th, 2014 are very late in the season to collect late summer/early fall blooming species. Of final note, all field days for the purposes of collecting survey information, should occur within the same calendar year.
The EIS notes that 1.44 ha (29%) of the subject property has been disturbed since 2002. The disturbance to EPCL lands alone is nearly 50% as cited in the EIS addendum from June 2016. The EIS provides recommendations with respect to the restoration of the ephemeral tributary corridor through restoration planting of a 5m swath on either side of the swale (July, 2016 addendum) which staff is supportive of, but makes no recommendations on the restoration of the EPCL lands that have been altered.
The EIS describes community SWC1 as being "Sensitive to any imposition of development". The June 2016 addendum shows that most of that community has been removed as of May 2016, yet makes no recommendations for its restoration. The addendum states that a permit was not required from the Region of Durham under their tree cutting bylaw to permit access for a drilling rig. Given the identification of the site as wetland, CLOCA should have been contacted with respect to permitting that activity within a wetland. The area that was to be cleared for drill rig access is quite large, in excess of 2400m2. The size of this clearing in this area requires further justification.
The forensic analysis, albeit difficult to complete, falls short on presenting thoughts on how the community functioned in the larger landscape. Did it provide corridor function? Did it provide core and/or interior habitat in the larger landscape? The pre-development state (2002 aerial photography - Figure 7 in the E S) depicts the EPCL portions of the property has having generally closed canopy condition. The EIS fails to comment on the opening of the EPCL lands and the irregular shape which increases overall edge to area ratios and affects remaining EPCL lands well beyond the current perimeter of disturbance.
The EIS makes reference to the "maintained" hydro-electric transmission line. It should be noted that this transmission line has been decommissioned for a number of years. Dense regrowth is noted in the 2002 air photos. In this regard the forensic analysis suggests that the majority of the development has been situated on top of this 20 m wide "maintained" corridor. Staff disagrees with this statement and notes that canopy openings within the cleared areas range from 20 to in excess of 90 metres.
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Attachment #10 PL 65-19 Agency & Stakeholder Detailed Comments File OPA-2016-04 & Z-19-16
While recommendation is made for soil screening to prevent the spread of invasive species, there is no monitoring component to determine if that is actually achieved. Further, aside from replanting of the swale that conveyed the once intermittent tributary across the property, there is no proposed restoration of the more than 1ha of swamp that has been removed from the property, a portion of which was deemed to be sensitive to development.
The EIS, in its final remarks suggests that the commercial operation can coexist with the natural areas of the property provided the site is subjected to a rehabilitation/ habitat improvement effort which was outlined in section 10.1 - Intermittent Watercourse Mitigation.
In closing, it is staff's opinion that the EIS has failed to recognize or properly mitigate for the impacts to this property. The illegal development of this property has led to a net loss of wetland and a loss of forested cover and associated habitat functions in the Pringle Creek watershed. Additionally, the collection of data to support the EIS is incomplete due to survey timing. As such, staff does not support conclusions and recommendations of the original report and its addendums.
Durham Region Planning Department
We have reviewed the above noted applications and the following comments are offered with respect to the Durham Regional Official Plan (ROP), Provincial policies, delegated Provincial Plan review responsibilities, the proposed method of servicing, transportation and transit.
Proposal
The proposed site-specific amendments to the Whitby Official Plan and Zoning By-law would facilitate the following:
• Legalize an existing contractor’s yard (Optilinx Systems Inc.) and associated office uses; • Permit a one-storey building for vehicle repairs associated with the contractor’s yard; • Allow two open storage areas associated with the contractor’s yard; • Permit a two-storey commercial office building; • A surface parking area; and
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• Recognize an existing detached dwelling located on the southern half of the site (see Attachment #1).
Background
Optilinx specializes in the installation of underground fibre optic cabling. It is our understanding that Optilinx was established out of the existing dwelling in 2002. Since 2002, the operation has expanded and now currently employs approximately 120 people. The current use does not conform to either the Region’s or the Town’s official plan policies, or the Town’s zoning by-law requirements.
In an effort to legalize the existing use, the proponent has submitted applications to amend the Town of Whitby Official Plan and Zoning By-law as well as an amendment to the Durham Regional Official Plan (ROPA).
The proposed ROPA seeks to add an exception policy for the subject site to permit the use on the lands currently designated as Major Open Space in the ROP (Regional file number ROPA 2016 003). On December 7, 2016, the Region conducted a public meeting on the proposed ROPA. Public comments from this meeting are provided in Attachment #2.
Following the Town’s decision on this proposal, and once all other agency comments are received and addressed, Regional Planning will provide a recommendation report to Regional Council for its decision on the related Regional Official Plan Amendment (ROPA).
Provincial Policies
Provincial Policy Statement
The PPS requires planning authorities to promote economic development and competitiveness, including but not limited to the following:
• Providing for an appropriate mix and range of employment; and institutional needs to meet long-term needs; • Providing opportunities for a diversified economic base, including maintaining a range and choice of suitable sites for employment uses which support a wide range of economic activities and ancillary uses, and take into account the needs of existing and future businesses; • Encouraging compact, mixed use development that incorporates compatible employment uses to support liveable resilient communities; and
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• Ensuring the necessary infrastructure is provided to support current and projected needs.
The PPS also requires the long-term protection of natural features and areas by prohibiting development and site alteration in significant woodlands and wetlands.
The Central Lake Ontario Conservation Authority (CLOCA) has confirmed that portions of the subject site contain significant woodlands, Provincially Significant Wetlands (PSW) and unevaluated wetlands. Additional comments from CLOCA are provided below under the Environmental Impact Study heading. The proposal will need to demonstrate how it is consistent with natural heritage policies of the PPS.
The Greenbelt Plan
The Greenbelt Plan considers portions of the former Lake Iroquois Beach Shoreline (LIBS) throughout Durham Region as an external connection to its Natural Heritage System. The Greenbelt does not officially designate LIBS but recognizes the Shoreline’s hydrological significance to its Water Resource System.
Policy 3.2.6.3 of the Greenbelt Plan requires municipalities to consider planning, design and construction practices that maintains or enhances the size, diversity, connectivity and functions of key natural heritage features as well as key hydrologic features and its areas within the former LIBS.
The proposed development is located within the former LIBS and must conform to the Greenbelt Plan policies. The proposal will need to demonstrate how it conforms to the above-noted policies.
The Growth Plan for the Greater Golden Horseshoe (Growth Plan)
The Growth Plan includes policies to direct and encourage development to settlement areas. The Growth Plan requires municipalities to promote economic development and competitiveness not limited to the following:
• Making more efficient use of existing employment areas and vacant and underutilized employment lands and increasing employment densities; and • Ensuring the availability of sufficient land, in appropriate locations, for a variety of employment to accommodate forecasted employment growth to the horizon of this plan.
New development or site alteration within the Growth Plan’s Natural Heritage System must demonstrate conformity to matters such as, but not limited to the following:
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• There are no negative impacts on key natural heritage features or key hydrologic features or their functions; • Connectivity along the system and between key natural heritage features and key hydrologic features located within 240 metres of each other will be maintained or, where possible, enhanced for the movement of native plants and animals across the landscape; • The removal of other natural features not identified as key natural heritage features and key hydrologic features is avoided, where possible. Such features should be incorporated into the planning and design of the proposed use wherever possible; and • That at least 30 per cent of the total developable area will remain or be returned to natural self-sustaining vegetation.
The proposal will need to demonstrate how it conforms to the policies of the Growth Plan.
Durham Regional Official Plan (ROP)
The ROP designates the subject site as “Major Open Space Areas” (MOSA) in the Urban System. Permitted uses within this designation include conservation and a full range of agricultural uses. Other uses such as, but not limited to major recreational uses, commercial kennels and landscape industry may also be considered subject to the ROP policy criteria.
Schedule ‘B’ – Map ‘B1d’ of the ROP recognizes that the subject site contains key natural heritage and/or hydrologic features (KNHHF). KNHHF consists of, but are not limited to the following:
• Woodlands; • Wetlands; • Highly vulnerable aquifers; and • Significant ground water recharge areas.
All development proposals within MOSA shall demonstrate the following:
• there will be no negative effects on KNHHF or their functions; • the connectivity between KNHHF will be maintained, or enhanced for the movement of native features or their functions;
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• the removal of other natural features not identified as KNHHF should be avoided and incorporated into the planning and design of the proposed use, wherever possible; and • the disturbed area of any site does not exceed 25 percent, and the impervious surface does not exceed 10 percent of the total developable area.
Policy 10.3.5 of the ROP encourages the maintenance and enhancement of the size, diversity and connectivity of KNHHF within the former Lake Iroquois Beach Shoreline (LIBS) in accordance with its Major Open Space policies.
The Town of Whitby’s Official Plan further distinguishes between uses which are compatible with the character of the MOSA in urban and rural areas. The subject site is located within the Taunton North Community Secondary Plan and is designated:
• “EPCL” – Environmental Protection/Conservation Lands; and • “MOS2” and “MOS3” – Major Open Space (consisting of area-specific requirements).
The Whitby Official Plan notes that appropriate studies may be required for development proposals within the former LIBS, to ensure that they will not create any adverse impacts on existing natural heritage and hydrological functions.
As part of the ROPA application process, the proposed development will have to conform to the above-noted Natural Heritage policies, which must be addressed to the satisfaction of CLOCA, the Town of Whitby and the Region of Durham.
Delegated Provincial Plan Review Responsibilities
Environmental Site Assessments (ESA)
Oakridge Environmental Ltd. (ORE) prepared a Phase One and Phase Two ESA, dated May 17, 2016 and July 26, 2016 respectively. These studies were prepared to examine the existing soil and groundwater conditions of the subject site.
The ESAs revealed a total of 6 Areas of Potential Environmental Concern (APEC) which could potentially impact soil and/or groundwater on the subject site. Additional investigation confirmed there were no concerns with four of the APECs. The remaining two APECs were examined through borehole soil sampling and monitoring wells.
ORE’s analysis concluded that portions of the subject site contained soil and groundwater exceedances above the Ministry of the Environment, Conservation and
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Parks’ (MECP) Table 1 Site Condition Standards for Industrial/Commercial/Community Property Use.
In accordance with the Region’s Site Contamination Protocol, where contaminants are identified through a Phase Two ESA, the site must be remediated and a Record of Site Condition (RSC) must be submitted to MECP.
Archaeological Assessment
According to the Region’s Archaeological Resources Tool, portions of the subject site have been identified as potentially containing archaeological resources.
AMICK Consultants Limited (AMICK) prepared a Stage 1-2 Archaeological Assessment, dated June 15, 2016 for the subject site. AMICK conducted a high-intensity test pit and pedestrian surveys throughout the site. AMICK’s analysis concluded that the subject site did not contain any archaeological resources and recommended that no further archaeological assessment be conducted for the site.
The Region will require a clearance letter from the Ministry of Tourism, Culture and Sport (MTCS). The clearance letter will acknowledge that the Archaeological Assessment work prepared for this site has been entered into the Ministry’s system.
Land Use Compatibility Study (Noise Assessment)
In accordance with MEPC’s D-6 Compatibility between Industrial Facilities Guidelines (D-6 Guidelines), proposed industrial land uses (i.e. contractor’s yard, open storage and vehicle repair) require an adequate buffer/separation distance from nearby sensitive (residential) land uses.
In response to this requirement, J.E. Coulter Associates Limited (Coulter) prepared a Noise Impact Feasibility Study and associated addenda, dated June 7, 2017, November 29, 2017 and December 19, 2018 for the subject site. The review examined various stationary noise sources associated with the contractor’s yard (i.e. truck movements, backhoe operations and impulse/banging from the loading of materials onto trucks) and its potential adverse impacts on the following noise receptors:
• An existing detached dwelling on the south portion of the site; and • Other nearby dwellings to the south and east of the subject site.
J.E. Coulter concluded that the current noise sources will not create an adverse impact on nearby existing residences. As such, Coulter concluded that no mitigation measures are required.
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The Region’s stationary noise peer-review consultant (R.J. Burnside & Associates Limited) reviewed Coulter’s noise study and addendum materials and concurred with their conclusion and recommendation.
Environmental Impact Study (EIS)
As noted earlier, the Durham Region Official Plan (ROP) identifies most of the subject site as containing Key Natural Heritage and Hydrologic Features (KNHHF).
To determine the location and extent of the KNHHF on the subject site, Oakridge Environmental Limited (ORE) prepared an EIS and associated addendums, dated March 16, 2016, June 23, 2016, and July 26, 2016.
ORE noted that both the contractor’s yard and the existing residence on the south portion of the subject site were in proximity to a wooded swamp vegetation and open space area. As noted earlier, CLOCA identified these environmental features as Provincially Significant Wetland (PSW), unevaluated wetlands and significant woodlands.
Based on the findings of the EIS, ORE concluded that the proposed development can coexist with the natural areas of the property, provided that any development incorporates various mitigation measures as outlined in its report.
On June 12, 2018, ORE, the Ministry of Natural Resources (MNRF), CLOCA, the Town and Regional staff surveyed the location and extent of KNHHF throughout the subject site. This included staking the limits of existing Provincially Significant Wetland (PSW) and unevaluated wetland areas. Following the site visit, MNRF provided updated wetland boundary, which was also used to assist CLOCA in formulating its analysis.
On December 20, 2018, CLOCA prepared a letter, which concluded that from a natural heritage perspective, the supporting documentation (which included the EIS) did not provide acceptable rationale to consider the proposed development. On that basis, CLOCA noted that the proposed development does not conform with the applicable Provincial, Regional and Municipal natural heritage policies.
If developable limits can be established on the subject site, the proponent should consider a revised site design that demonstrates conformity with the CLOCA’s requirements as well as the applicable Provincial, Regional and Town’s policy requirements.
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Environmental Health
All existing and proposed buildings/structures located on the subject site will have to be connected to municipal water and sanitary sewer services. As such, all existing wells on the site will have to be abandoned in accordance with Regulation 903 of the Ontario Water Resources Act.
Regional Servicing and Transportation
Based on the information submitted to date, our preliminary comments on Regional services are provided below.
Water Supply
The subject site is located within the Zone 2 Water Pressure District of the water supply system for the Town of Whitby. The estimated static water pressure for this area ranges between approximately 426 to 475 kilopascals (kPa) or 61 to 69 pounds per square inch (psi).
According to our records, the subject site is currently serviced with municipal water from the existing 400 millimetre (mm) watermain on Thickson Road North. If the subject site remains as one lot, then any expansions and/or new buildings can be internally serviced by extending the existing on-site water piping. However, if the subject site is severed to create one additional lot, then a separate water service connection can be provided from the existing 400 mm watermain on Thickson Road North.
The proponent is responsible for the total cost of all water servicing items.
Stormwater Management Report
GHD has prepared a Stormwater Management Report (SWMR) dated September 21, 2016 in support of the proposed development.
The report identifies that the existing and proposed storm drainage from the subject site discharges directly into Pringle Creek, which will not create an adverse impact on the Regional Road storm system. As such we have no comments on the Stormwater Management Report.
Sanitary Servicing
Sanitary sewer servicing is not available to the subject site. As such, the following will have to be adhered to:
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• Extend the existing 600 mm sanitary sewer on Thickson Road North northerly from Glengowan Street to the subject site; • Install a private sanitary sewer inspection manhole, located 1.5 metres (m) inside the subject site; • Acknowledge that the Region will not permit the connection of foundation drains or roof leaders into the sanitary sewer system (in accordance with the Region of Durham Sewer Use By-Law); and • That the proponent is responsible for the total cost of all sanitary sewer servicing items.
Transportation
Schedule ‘E’ – Table ‘E7’ of the ROP recognizes Thickson Road North (Durham Regional Road 26) as a Type ‘A’ Arterial Road, requiring a minimum right-of-way width of 36 m. If a Site Plan Application is filed with Town, a Regional road widening of approximately 3 metres will be required as a condition of any Site Plan for the subject site. This measurement will be taken 18 m west of the centreline of original 20.1-metre (66-foot) road allowance (reflecting an overall right-of-way width of 36 metres).
The Site Plan Drawing (L-SP1) shows two vehicular access points off Thickson Road North. The criteria for Type ‘A’ Arterial Roads only permits one access into the subject site. If this development is approved, to meet the Regional design standards for an industrial entranceway, the existing access would have to be improved through any future Site Plan Application process.
It is noted that the Town’s parking requirements stipulate a minimum of 139 on-site parking spaces being required for the proposed development. However, 228 parking spaces are proposed. The need for this amount of on-site parking has not been addressed in the Traffic Impact Study (see below). There appears to be an opportunity to significantly reduce this surplus supply to address opportunities for restoration/enhancement of the surrounding KNHHF.
Transportation Impact Study (TIS)
Paradigm Transportation (Paradigm) has prepared a Traffic Impact Study (TIS) dated April 18, 2016 in support of the proposed development.
The Region notes that these matters may be pursued through a future Site Plan application, following the resolution of the Official Plan and Zoning By-law amendment application processes. At present time, we provide the following comments:
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• The TIS must reflect an updated full build-out and beyond five-year horizon for this development; • Section 2.4 of the TIS states that base traffic data is based on existing traffic volumes that were obtained from the Region collected within two years. Our TIS Guidelines recommend that existing traffic does not exceed one year. According to our TIS Guidelines, the traffic data provided (or counted) should be included as an Appendix in the TIS so that we can be satisfied that any up-to-date and relevant information is being used in the TIS. Data older than one year would have to be recounted; • The TIS discusses the existing usage of the site as being presently used by Optilinx Systems Inc as a contractor’s yard. However, Figure 2.3 (Existing Peak Hour Traffic Volumes) show no existing traffic using the site. The Owner’s support letter written to the Town of Whitby at a previous pre-consultation meeting, states that the company currently has 120 plus employees and 150 plus sub-contractors; • The development concept described in Section 3.1 describes a significantly larger structure than currently exists. The proposed Site Plan (L-SP1) shows two buildings, 228 car parking spaces and 33 truck loading spaces; • A rationale should also be provided in terms of the proposed parking supply and whether there are opportunities to improve efficiencies of the site design to enable restoration of the on-site vegetation; • The proposed trip generation for the expanded facility is based upon the Institute of Transportation Engineers (ITE) Trip Generation Handbook, 9th Edition, Land Use Code 170 (Utilities). This land use only has three studies, and ITE warns against its use due to the low sample size. In addition, the trip generation being estimated (8 total AM peak hour trips, and 7 total PM peak hour trips) is not consistent with the existing use described above, nor with the proposed parking/loading illustrated in the site plan. We believe that the subject site will generate significantly more trips than what the TIS indicates; • Given the proposed use, we recommend developing trip generation rates based on first-principles, or on an evaluation of existing use(s), increased proportionally to the proposed additional buildings; • Trip assignment and distribution should be based on existing use patterns derived from traffic counts at the site entrance; • The TIS is not consistent with the proposed Site Plan. As noted above, the Site Plan shows two vehicular access points, while the TIS shows single access point for this proposal (which is the configuration required by the Region);
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Given the concerns we have regarding the existing and proposed uses on the site, we are unable to agree with the conclusions reached and we recommend that the TIS be resubmitted to address the above.
Transit
From a transit operational perspective, the proposed development does not appear to present any significant impacts to Durham Region Transit.
Conclusion
Based on the above-noted comments, the proponent should consider a revised proposal that demonstrates an efficient site design and enhanced on-site restoration to the satisfaction of CLOCA as well as conformity with the applicable Provincial, Regional and Town’s natural feature policy requirements.
This proposal is of Regional Interest and is not exempt from Regional approval. As such, please advise our Commissioner of Planning and Economic Development of your Council’s decision. If Town Council adopts the proposed Amendment, the proponent will be required to submit an additional fee of $2,500.00 for our Commissioner to review and make a final decision on this proposal.
Please forward a record of your Council’s decision to this Department within 15 days of the date of adoption. The record should include the following:
• Adopted Amendment (1 certified copy, 4 duplicates & 5 working copies); • Region’s submission form (1 copy); • Letter requesting the Region’s concurrence on the Town’s position; • Adopting by-law (2 certified copies); • Minutes of all public meetings; • All written submissions and comments (originals or copies), showing the dates received; • All planning reports considered by Council; • Affidavit(s) of municipal employee(s) certifying that Notice of Public Meeting was given, a public meeting was held, and Notice of Adoption was given in accordance with the requirements of the Planning Act; and • A mailing list of persons who spoke at the public meeting(s).
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Enbridge Gas Distribution
Enbridge Gas Distribution does not object to the proposed application(s).
This development is in the vicinity of a Vital Main. Please refer to the Third Party Requirements Document: Enbridge Gas Distribution reserves the right to amend or remove development conditions.
Elexicon Energy Inc. (Formerly Whitby Hydro)
Be advised that Whitby Hydro [now Elexicon Energy Inc.] has no objection to the potential rezoning application. Ontario Power Generation
OPG has no comments to provide on this application. Trans-Northern
Thank you for notice of the subject applications. I confirm that the 18.29 metre wide right of way for Trans-Northern’s petroleum products transmission pipeline crosses the northeasterly corner of the subject lands, substantially as shown on plans supporting the application. The property’s north driveway therefore crosses the pipeline.
In 2013, Trans-Northern participated In a pre-consultation concerning a proposed zoning amendment for expansion of the contractor’s yard. At that time Trans-Northern suggested that the applicant be asked to prepare an accurate, scaled drawing showing the extent of existing and proposed facilities in relation to the lot limits and pipeline. The preliminary site plan and related drawings which accompany the current applications appear to satisfy that request.
Trans-Northern also noted that the existing driveway entrance had been authorized by a Crossing Permit issued under the Pipeline Crossing Regulations, which Permit is conditional on installation of pipeline protection at the crossing point. The currently- proposed site plan still calls for a driveway crossing of the pipeline, no doubt providing access for larger vehicles and equipment. The Applicant should be reminded of its obligations under S. 112 of the National Energy Board Act and the Damage Prevention Regulations (which supersede the Pipeline Crossing Regulations). The driveway crossing would have to be engineered and maintained so as to protect the pipeline from
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Attachment #10 PL 65-19 Agency & Stakeholder Detailed Comments File OPA-2016-04 & Z-19-16 the anticipated loadings. Leaflets describing applicable safety requirements are attached.
On inspection of the currently-proposed site plan, Trans-Northern notes that as many as 25 paved parking spaces are shown within the pipeline right of way, some directly over the pipeline. While paved parking may be permitted following detailed review and with appropriate mitigation of effects on pipeline operations, this is not a certainty (see attached excerpt of Pipeline Crossing Guidelines). To the extent the proposed plan or zoning amendments rely on the number or placement of parking spaces it would be prudent before approval to determine their acceptability and the acceptability of any mitigative measures to be incorporated in their design. Similarly, it appears that the proposed landscape area may call for the planting of up to five trees within the pipeline right of way. Depending on the species and placement proposed, Trans-Northern’s landscape guidelines may preclude or restrict such plantings.
Technical requirements and crossing application procedures may be discussed at any time with the Coordinator, Facilities and Crossings ([email protected] , Tel: 289-475-5381).
Lastly, at least one borehole is shown within the prescribed area of the Damage Prevention Regulations (30 metres from any pipeline). Trans-Northern should be contacted via Ontario 1-Call prior to insertion of these boreholes, to ensure the pipeline location is marked and safe work practices are discussed with the contractor. If the purpose of the boreholes is to sample possible contamination from fill placed on or near the pipeline right of way by the applicant, Trans-Northern would ask to be informed of the findings.
In 2013, Trans-Northern concluded that it would not object to the proposed re-zoning or to the continued use of the subject property for the stated purpose providing this was planned, constructed and operated in accordance with technical and safety requirements. Trans-Northern is not yet certain that the proposed site plan is consistent with pipeline needs. Town of Whitby
Community and Marketing Services Department
The Town of Whitby Community and Marketing Services Department has reviewed this application and has the following comments:
The Community and Marketing Services department does not the support the further expansion of the operation and does not support the Official Plan Amendment and Re-
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Attachment #10 PL 65-19 Agency & Stakeholder Detailed Comments File OPA-2016-04 & Z-19-16 zoning of parcel. The entire site is regulated by CLOCA. According to CLOCA and the Official Plan, the land is of environmental significance. The Environmental Impact Study (EIS) indicates the area of operation has been expanded since 2002, from conversations with CLOCA without appropriate permissions. The Town’s Open Space is adjacent to the proposed expansion, the Community and Marketing Services Department would prefer the environmentally significant portions (deemed by CLOCA) be restored, severed, and be provided to the Town as Open Space, in order to fulfill the Towns mandate to provide a continuous system of open space areas, as indicated in section 4.8 Parks and Major Open Space of the Official Plan.
At Site Plan, the CMS Department would require cash-in-lieu of parkland dedication for 2% of the subject land holdings. This is consistent with the Town’s Official Plan policy 4.8.4.2 and the Department’s standard practice regarding development of commercial/industrial sites.
Fire and Emergency Services
Whitby Fire and Emergency Services have reviewed the above-named application and make the following comments.
• An adequate water supply for firefighting purposes shall be provided as per Section 3.2.5.7 of the Ontario Building Code. • Fire department access routes shall be designed and constructed to comply with 3.2.5.6 of the Ontario Building Code and shall be signed to comply with Town of Whitby By-Law #4084-97.
Public Works Department
The following information was submitted in support of these applications:
• Preliminary Site Plan dated September 7, 2016, by Henry Kortekaas & Associates Inc. (Preliminary review.) • Conceptual Site Plan dated July 20, 2016, by Donevan Fleischmann Petrich Ltd. (Preliminary review.) • Stormwater Management Report dated September _21, 2016, by GHD and associated drawings. (Preliminary review.) • Traffic Impact Study dated April 2016 by Paradigm Transportation Solutions Limited. (Preliminary review.)
The purpose of the Regional Official Plan Amendment (ROPA 2016-003) is to permit the contractor's yard and associated office use.
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The purpose of the Zoning By-Law Amendment is to change the land use designation from A-Agricultural to permit the contractor's yard and associated office use.
The Public Works Department has no objection to the Regional Official Plan or Zoning By-Law Amendment application.
This concludes Public Works comments for the Official Plan and zoning amendment applications. Please note the following items relevant to the development concept will be discussed, in addition to other details, at the anticipated Site Plan Application Pre- Consultation meeting.
Stormwater Management Brief
Upon preliminary review of the submitted Stormwater Management Report, the Public Works Department considers the stormwater management approach for the development to be feasible, however, will require a revised report.
The Public Works Department will require an oil/grit separator to be included in the stormwater quality control design.
Construction Management
The applicant will be required to provide a Traffic/Construction Management Plan for any construction on site·.
Financial Security
The Applicant shall provide the Public Works Department with an estimate of all on site engineering work, which shall be included within any development agreement.
A financial security will be required in the amount of 50% of the internal works.
Site Plan Engineering Review Fee
Pursuant to By-Law 7220-17, the Applicant shall pay the Tier 3 Site Plan Engineering Review fee, plus HST to the Public Works Department.
Corporate Services / Treasury
No Comments.
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Town of Whitby Staff Report whitby.civicweb.net
Report Title: 2020-2022 Business Plan
Report to: Council Submitted by: M. Gaskell, Chief Administrative Officer Date of meeting: October 28, 2019 K. Nix, Commissioner of Corporate Services/Treasurer Report Number: CAO 28-19 Acknowledged by M. Gaskell, Chief Department(s) Responsible: Administrative Officer Office of the Chief Administrative Officer For additional information, contact: Corporate Services Department S. Klein, Director Strategic Initiatives, ext. 4338 A. McCullough, Manager Financial Planning, ext. 2246
1. Recommendation: 1. That Council endorse the 2020-2022 Business Plan; 2. That Council approve, in principle, the associated forecasted financial implications as outlined in Report CAO 28-19; 3. That Council endorse the 2019-2022 Business Plan Themes; and, 4. That staff be directed to develop a process to gain Council direction regarding Council Workshop feedback for the projects for future consideration listed in Attachment 3. 2. Highlights: • The Business Plan provides direction on operationalizing the Town’s Corporate Strategic Plan and Council’s Goals through a three year rolling plan at the organization level.
• The Business Plan identifies initiatives that are required in order to modernize or repurpose resources to introduce new and/or modified
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Report CAO 28-19 Council – October 28, 2019 Page 2 of 8
services so that together we deliver services that make a difference in our community. • The Business Plan Action Items are categorized into six themes that were developed to reflect Council’s Goals.
• Over 100 action items were initially identified. However due to resource and financial limitations, a prioritization and alignment exercise was completed which resulted in 12 Action Items being identified as the highest priorities considering alignment with Council’s Goals, the results of the Community Survey and the Corporate Strategic Plan. Additional Action Items will be addressed through Annual Departmental Work Plans.
• The financial impact of the 2020-2022 Business Plan is projected to have an average budgetary increase of 5.14% resulting in an average overall tax bill impact of 1.75% for the Town’s share.
• Upon Council approval of the Business Plan, staff will then develop Department Work Plans that will support the implementation of the Business Plan Action Items. Work Plans will also address projects that were identified through the Council Workshop feedback session and deliver operational excellence. Together, the Business Plan and Annual Work Plans will inform the operating and capital budgets for Council’s approval. 3. Background: Corporate Strategic Plan In March 2019, Council endorsed the Corporate Strategic Plan (CSP) through report CAO 11-19. The Corporate Strategic Plan: • provides a clear and consistent focus on a common set of organizational priorities, • serves as a framework for driving a progressive organizational culture, • increases collaboration across and throughout the organization, and, • guides decision-making, including those related to the allocation of resources, across the organization. The Corporate Strategic Plan outlines three Strategic Priorities: • People - We will foster an inclusive environment where employees can experience job satisfaction and rewarding careers. • Organization - We will be a high performing, innovative, effective and efficient organization. • Customer - We will provide a consistent, optimized and positive customer service experience.
Business Planning Process
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A Business Plan Project Team was established to research and develop a Business Planning Process. This Process was approved by Council in June 2019 through report CAO 18-19. Through report CAO 18-19, it was established that the Business Planning Process would provide direction on operationalizing the Town’s Corporate Strategic Plan through a rolling three year Business Plan at the organization level. The Business Plan would identify initiatives that will modernize or repurpose resources to introduce new and/or modified services so that together we can achieve our mission of delivering services that make a difference in our community. Work Plans will flow from the Business Plan at the department level and will provide the operational plan for the coming year (i.e. a one year planning horizon). The projects in the Departmental Work Plan could be a combination of those that directly relate to a Business Plan initiative and some that are more department specific and speak to ongoing operational service excellence. One of the intended outcomes of the Corporate Strategic Plan (CSP) is to guide decision-making, including those related to the allocation of resources across the organization. The planning framework, included in the Business Plan, illustrates that the CSP drives the development of the Business Plan and Work Plans which will inform the operating and capital budgets. 2020 to 2022 Business Plan Development The Senior Leadership Team and the Business Plan Team reviewed more than 50 projects that were submitted for inclusion in the 2020-2022 Business Plan. A prioritization exercise was completed to determine which action items would be included in the 2020-2022 Business Plan. This prioritization exercise considered the following factors: • Alignment to 2018-2022 Council’s Goals • Alignment to the Corporate Strategic Plan; • Alignment to Council Workshop Feedback; • Alignment to address community priorities as identified through the 2018 Community Survey; • Legislative requirements; • Staffing and resource capacities of the organization; • Impact of additional projects on the Long Range Financial Plan; and, • Impact on the tax rate. At the Council Workshop over 50 projects were identified for the remainder of the Council term. These projects were used to develop the six themes for the Business Plan: • Community Building • Community Engagement & Communications • Community Safety & Transportation • Economic Development • Effective Government
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• Environmental Sustainability Based on these themes, the attached Business Plan with 12 Action Items is being presented for Council’s consideration.
4. Discussion: Business Plan Action Items The attached draft 2020-2022 Business Plan (Attachment #1) includes 12 Action Items that have been prioritized based on their alignment with Council’s Goals, the Community Survey and the Strategic Priorities and Objectives of the CSP. In late September, through a Council Workshop, Members of Council identified projects they wish to accomplish over the next three years. These projects have been categorized into six themes with an objective for each theme and any accomplishments to date related to the project have been identified. Attachment #2 lists the projects that have been included in the 2020-2022 Business Plan, 2019 Departmental Work Plans or 2020 Departmental Work Plans. Attachment #3 lists the projects for future consideration that requires Council direction to confirm that these are a priority of Council. Upon Council’s approval, Staff would develop a process for Council to prioritize and determine the next steps for the projects listed in Attachment #3. The projects identified through the Council Workshop feedback session were, for the most part, focused on delivering services to our residents – the Customer. The Business Plan Action Items also ensure that the Town is attracting and retaining the best People and that a strong organizational foundation is established and systems are in place. Our People and Organization underpin our efforts to ensure we provide our Customer a consistent, optimized and positive customer experience. Investments in these three pillars, (People, Organization and Customer), will enable us to achieve our mission and deliver on Council’s Goals over the next three years through Action Items identified in the Business Plan or through operational excellence projects and initiatives identified in Departmental Annual Work Plans. The 12 Business Plan Action Items have been categorized into six general themes as follows:
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Theme Action Items
Community Building Customer Service Strategy Downtown Whitby Secondary Plan North Whitby Sports Centre Comprehensive Zoning Review
Community Engagement & Community Engagement Communications
Community Safety & Mid Arterial Roadway Transportation
Economic Development Economic Development Strategy
Effective Government Whitby Official Plan Organizational Effectiveness Enterprise Resource Planning (ERP) System Long Term Financial Planning
Environmental Sustainability Climate Change Plan
In the Business Plan, each Action Item is presented with the following information: • Identification of which Corporate Strategic Plan priority (People, Organization or Customer) it most strongly addresses through the use of an icon • Description of the Action Item • Deliverables of the Action Item over the next three years • Identification of alignment to which of the: o 10 Council’s Goals; and o 8 Community Survey Priorities o 15 Corporate Strategic Priority Objectives; • Operating and Capital Budget requirements Business Plan Strategic Priorities Alignment A chart depicts the alignment of the Business Plan Action Items with both the Corporate Strategic Plan and Council’s Goals (refer to Attachment #4). For the chart depicting how the 12 Action Items support Council’s Goals, each notch on the chart represents alignment with two of the Business Plan Action
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Items. The chart identifies that all of Council’s Goals are addressed through the Business Plan Action Items, however some are more strongly aligned than others. For the alignment with the Corporate Strategic Plan, each notch on the chart indicates an alignment with one of the Business Plan Action Items. The CSP chart identifies the number of Action Items that address each of the 15 objectives within the Corporate Strategic Plan.
Business Plan Financial Implications The Business Plan Action Item’s budget requirements total a forecasted $76M in capital expenditures and a total $1.6M increase in operating expenditures for the 2020 to 2022 planning period. In order to understand how the Business Plan requirements impact the Town’s overall budgetary forecast, the Town’s Long Range Financial Plan model is utilized. Long Range Financial Plans (LRFP) are a hallmark of good financial planning. The Town first developed this comprehensive model in 2017 as part of the Development Charge Background Study. The LRFP develops a plan on how to finance, not only the cost of growth, but also asset management, day-to-day service delivery and any known strategic priorities over a ten-year outlook. The LRFP will examine utilizing existing reserve funds/annual contributions, long-term debt, and future tax revenue from new development and property tax increases. The LRFP model is regularly updated to reflect new information such as changed priorities, adjusted pricing and any new legislated requirements. This year is the third LRFP update and for the first time includes priorities based on the Town’s first Corporate Strategic Plan and three year Business Plan. Although the Business Plan is specifically identified, many of the costs related to the Action Items, including capital components, were identified more broadly in previous LRFP forecasts. The Business Plan includes the first three years of the 10 year LRFP model forecast (refer to Attachment # 5 for the LRFP ten year outlook). Based on the model and its assumptions, the average budgetary increase is 5.14% for the years 2020 to 2022. Given that the Town’s share of the overall residential property tax bill is 34%, this represents on average a 1.75% increase on the Town’s portion of the total annual residential property tax bill resulting in an estimated $8 increase per month for the average residential property owner.
Business Plan Annual Update In keeping with the Town’s commitment to transparency and accountability, progress on the Business Plan will be reviewed and reported on annually to ensure that the Action Items and results continue to reflect and meet the needs and desires of Whitby residents. Each year, a report will be brought forward to
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Council and shared with the public through the Town’s website. In addition, a community survey will be undertaken every two years to inform and update the progress report. 5. Financial Considerations: The estimated financial implications are outlined in this report. 6. Communication and Public Engagement: Since Council’s approval of the Corporate Strategic Plan earlier this year, the Town’s website and intranet have been updated to include the Corporate Strategic Plan. Once approved, the Business Plan would also be shared on these webpages. 7. Input from Departments/Sources: Following Council’s approval of the Corporate Strategic Plan, a Business Plan Team was established with cross functional representation to develop the annual Business Planning methodology, schedule, templates, priority matrix and integration with Annual Work Plans and the Budget Process. The Business Plan Team members include:
• Matt Gaskell, Chief Administrative Officer • Ken Nix, Commissioner of Corporate Services/Treasurer • Sarah Klein, Director Strategic Initiatives, Office of the CAO • Ann McCullough, Manager Financial Planning, Corporate Services • Lisa Brant, Organizational Development Specialist, Office of the CAO • Jason Kittle, Director, Operational Services, Public Works • Maria McDonnell, Senior Manager of Community Advancements, Office of the CAO • Erin Mikaluk, Communications Lead, Office of the CAO • John Romano, Acting Commissioner, Community Services • Heather Young, Manager Business Solutions, Corporate Services 8. Strategic Priorities: The Business Plan clearly supports all 10 Council Goals and all 3 Strategic Priorities and 15 Objectives of the Corporate Strategic Plan as illustrated in Attachment # 4. In addition, the identification of the Climate Change Plan as one of the Action Items of the Business Plan demonstrates the commitment to sustainability and the actions that will be taken to support the Town’s declaration of climate change emergency. 9. Attachments: Attachment # 1: Draft 2020-2022 Business Plan Attachment # 2: Council Workshop Feedback: Projects included in the 2020-2022 Business Plan and 2020 Work Plans
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Attachment # 3: Council Workshop Feedback: Projects for future consideration Attachment # 4: Business Plan Action Items Strategic Priorities Alignment Attachment # 5: 2020 Long Range Financial Plan Outlook and Model Assumptions
Page 172 of 283 CAO 28-19 Attachment 1
TOWN OF WHITBY BUSINESS PLAN 2020 TO 2022 Page 173 of 283 Agenda Item # 9.2
whitby.ca/strategicplan TOGETHER, WE WILL CONTINUE TO BUILD OUR VIBRANT & WELCOMING COMMUNITY Page 174 of 283 Agenda Item # 9.2
Page 2 | 2020 TO 2022 BUSINESS PLAN - DRAFT A MESSAGE FROM THE CAO
On behalf of Town staff, I am proud to present the Town of Whitby’s first three-year Business Plan (2020 to 2022).
Our Corporate Strategic Plan (CSP), created in spring 2019, identifies the Town’s Mission: together we deliver services that make a difference in our community. The CSP also provides a common set of organizational priorities for us to focus on as we move forward as an organization. This new Business Plan details the Action Items that will help us achieve our CSP Mission, while prioritizing the allocation of our financial and people resources. It also recognizes the important work staff do on a day-to-day basis as part of operational excellence.
Over the past several months, Town staff have been working collaboratively to identify and prioritize key Action Items that will modernize our organization and enable us to continue to deliver the programs and services our community expects of us. It is through this process that we’ve identified the 12 Action Items contained within this plan. Collectively, the Action Items will not only operationalize the Town’s CSP , but also deliver on Council’s Goals and the priorities residents identified through the Community Survey.
I want to thank staff for their ideas and their collaborative, accountable, respectful and engaged approach to the development of this Plan. I look forward to working with Council and staff to implement and deliver on the Action Items identified, find collaborative solutions to emerging issues and report annually on our progress. Together, with the CSP and Business Plan as our guide, we will
Page 175 of 283 continue to build our vibrant and welcoming community. Agenda Item # 9.2
Matt Gaskell Chief Administrative Officer
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 3 TABLE OF CONTENTS
A Message From the CAO______3 Strategic Alignment______10
About the Business Plan______5 Business Plan Action Items______13
Decision-Making Framework ______6 Financial Implications______26
Community Snapshot______8 Community Survey______28
Opportunities and Trends ______9 Business Planning Cycle and Progress Updates______29 Page 176 of 283 Agenda Item # 9.2
Page 4 | 2020 TO 2022 BUSINESS PLAN - DRAFT ABOUT THE BUSINESS PLAN
The Business Plan is the roadmap for how the Town of Whitby will operationalize its Corporate Strategic Plan (CSP) and achieve its CSP strategic priorities and mission of “together we deliver services that make a difference in our community.” The Town’s 2019 to 2022 Corporate Strategic Plan was endorsed by Council in March 2019. The Corporate Strategic Plan: • provides a clear and consistent focus on a common set of organizational priorities, • serves as a framework for driving a progressive organizational culture, • increases collaboration across and throughout the organization, and, • guides decision-making, including those related to the allocation of resources, across the organization.
The Business Plan Action Items identified are new initiatives the Corporation is focusing on to ensure it modernizes and improves its future service delivery to continue to make a difference in our community. These Action Items are above and beyond the operations and service delivery Town of Whitby staff provide on a daily basis.
The Town recently engaged the services of KPMG to conduct a Service Delivery Review which identified that the Town is a very lean municipality with cost-competitive operations relative to its municipal comparators. Due to the lean nature of the organization, a fiscally responsible approach to taxation, and anticipated growth within the municipality, staff will focus on the 12 Action Items that will make the largest impact on the organization and the community. Page 177 of 283 Agenda Item # 9.2
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 5 DECISION-MAKING FRAMEWORK
In all decision-making, the Town of Whitby is guided by the priorities of Town Council, the community and its staff. These priorities are reflected in Council's Goals, the Community Survey and the Corporate Strategic Plan. Together, these guiding documents intersect to provide a strong foundation for the development of the Business Plan and Annual Work Plans which will inform the Town’s operating and capital budgets, and provide the foundation to enable the Town to achieve the priorities of Council. Although Council’s Goals, the Community Survey and Corporate Strategic Plan have different focuses, they complement each other and will work in partnership to guide the organization. Council’s Goals are intended to reflect the hopes and aspirations of the community which are reflected in the Community Survey, while the Corporate Strategic Plan focuses internally, guiding how the organization will effectively manage operations to achieve these goals. Council has identified their priorities to accomplish over the next three years. The themes identified in the Business Plan have been developed to reflect this feedback which for the most part are focused on delivering services to our residents – the Customer. In order to achieve Council’s Goals, the Business Plan Action Items also ensure that the Town is attracting and retaining the best People and that a strong organizational foundation is established and systems are in place. Focusing on our People allows us to foster an inclusive environment where employees can experience job satisfaction and rewarding careers. Focusing on our Organization ensures we are a high performing, innovative, effective and efficient organization. OurPeople and Organization underpin our efforts to ensure we provide our Customer a consistent, optimized and positive customer experience. Investments in these three pillars will enable us to achieve our mission and deliver on Council’s Goals over the next three years through Action Items identified in the Business Plan or through operational excellence projects and initiatives identified in Departmental Annual Work Plans. Page 178 of 283 Agenda Item # 9.2
Page 6 | 2020 TO 2022 BUSINESS PLAN - DRAFT DECISION-MAKING FRAMEWORK
Council Goals (every four years)
Community Survey Corporate Strategic Plan Master Plans and Strategies (every two years) (every four years) (as required)
Business Plan (3 year plan updated annually)
Annual Work Plans Performance/Progress Review Performance/Progress Page 179 of 283
Annual Capital and Operating Agenda Item # 9.2 Budget
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 7 COMMUNITY SNAPSHOT
128,000+ 2,283 Residents Businesses 146.53 45,184 Sq. km of land Households
1,000+ Lane km of road 200+ Community Events 70+ km of trails 3 youth rooms 50 winter maintenance 361 arts programs offered through Station Gallery 2nd largest municipality vehicles 4,000 children enrolled in Town summer camps in Durham Region
420 marina slips 2,200+ 4 recreation centres 2 conservation areas 4 indoor pools 90+ 120+ 50,000 trees maintained Page 180 of 283 Recreation 15 splash pads Parks 2 community gardens Programs Playgrounds Agenda Item # 9.2 10 ice pads 1200+ acres of open space 79 sports fields
Page 8 | 2020 TO 2022 BUSINESS PLAN - DRAFT OPPORTUNITIES AND TRENDS
The Business Plan has been developed at a point in time and will be a fluid document that will be updated annually in order to address emerging opportunities and trends that will affect the municipality over the next three years. Currently these include:
Economic Climate Change • Changing economy with the shift to online commercial space. • Investment into climate change mitigation and adaption programs and • General Motors Oshawa plant closure at the end of 2019. infrastructure resiliency contributing to the already challenging job of • Growth in the housing market making homes less affordable. sustaining communities in a tight fiscal environment.
Legislative/Governance Staffing Levels • Accessibility legislation through the AODA impacting municipal • 2016 Service Delivery Review (SDR) identified the staffing complement service levels and budgets. per 1,000 households for the Town of Whitby at 11.7 (based on 2014 • Provincial deficit resulting in pressures on regional and staffing levels) which is less than the average of Whitby’s municipal municipal budgets. comparators and identified as an under resourced municipality. • Impact of Bill 108 resulting in additional costs and risks of growth • The SDR identified the need for an additional 15 full time equivalent shifting from the developers to taxpayers. positions per year to maintain service levels as a result of growth. Since 2015, excluding the new fire crew in 2017, there have been an Growth and Changing Demographics average of 9.5 full time equivalents added annually. This results in an increasing human capital gap to an already lean municipality. • One of the fastest growing municipalities in Ontario, Whitby is home to 128,000+ residents, and expected to grow to 200,000+ by 2031. • Significant growth in West Whitby and North Brooklin with investment Technology
Page 181 of 283 required into infrastructure projects, including the mid arterial roadway • Development in technologies transforming the way that municipalities and North Whitby Sports Complex. work and the way that residents interact with the municipality, • An aging population - approximately 30,000 Whitby residents turn businesses and each other. Agenda Item # 9.2 age 65 in the next 15 years. • Paper based communications replaced with rapid, personalized and • Changing cultural diversity of the community continues with over 25% electronic interactions. being a visible minority and over 23% immigrants.
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 9 STRATEGIC ALIGNMENT The Business Plan Action Items were prioritized based on their alignment with Council's Goals, the Community Survey and the Corporate Strategic Plan.
Council's Goals:
1 To build a strong, respectful Council team with a positive 7 To accelerate the pedestrian focus of our historic downtown cores; shared vision and four-year action plan; to ensure all to leverage municipal tools and resources to generate downtown municipal affairs are conducted with professionalism supportive investments; to facilitate the continued growth of our and integrity. Innovation District; and to gain care and control of Baldwin Street through downtown Brooklin. 2 To enhance the transparency and accessibility of Town Hall and ensure effective public consultation and engagement, including 8 To make our streets and neighbourhoods safer through innovative greater opportunities for voter engagement through the municipal and best-practice design standards and traffic calming measures election process. that reduce traffic speeds; to increase citizen involvement in building complete streets; to effectively manage parking on residential streets 3 To deliver local jobs and prosperity through strategic planning and and in our downtowns; and to reduce the traffic impact of new promotion that builds resilience and economic diversity. developments on existing neighbourhoods. 4 To make workplace morale a priority by building a collaborative, 9 To remain the community of choice for families and become the inclusive, respectful and creative work environment that engages the community of choice for seniors and job creators; and to focus new abilities of all staff to solve problems, accomplish new things and growth around the principles of strong, walkable and complete deliver the best outcomes to residents. neighbourhoods that offer mobility choices. 5 To continue the Whitby tradition of responsible financial management 10 To become the destination of choice for visitors; to realize and respect for taxpayers; and to understand the importance of Page 182 of 283 the economic, cultural and social potential of our downtowns, affordability and sustainability to a healthy, balanced community.
waterfront, green spaces and major attractions; to support and Agenda Item # 9.2 6 To ensure Whitby is clearly seen by all stakeholders to be business facilitate new community events and increase recreational and investment friendly and supportive; and to continuously improve opportunities along our waterfront. the customer experience and the effectiveness and efficiency of communications, service delivery and approvals.
Page 10 | 2020 TO 2022 BUSINESS PLAN - DRAFT STRATEGIC ALIGNMENT
Community Survey Priorities: • Maintaining and cleaning the community • Attracting more local jobs and businesses • Improving road safety and traffic congestion • Enhancing customer service • Managing growth and development • Improving communication and community engagement • Ensuring fiscal responsibility • Planning for the future
Corporate Strategic Plan Priorities:
1: People 2: Organization 3: Customer We will foster an inclusive We will be a high performing, We will provide a consistent, environment where employees innovative, effective and optimized and positive can experience job satisfaction efficient organization. customer service experience. and rewarding careers. Objectives: Objectives: Objectives: 2.1 Continually improve how we do things 3.1 Design service delivery around 1.1 Recognize and celebrate successes by fostering innovation and focusing customer needs 1.2 Create opportunity for employee on making our processes better 3.2 Define clear service levels growth and development 2.2 Leverage technology and information 3.3 Modernize and improve customer 1.3 Empower staff to modernize our business practices interaction tools Page 183 of 283 1.4 Attract and retain top talent 2.3 Develop and utilize comprehensive 3.4 Provide consistent customer service
1.5 Become the organization that business and financial planning training for all staff Agenda Item # 9.2 people want to join processes 3.5 Measure results in pursuit of ongoing 2.4 Align our organization structure to improvements to the customer service optimize decision-making and agility experience (Note: Customer is 2.5 Enhance our efforts at informing and defined as both external and internal) engaging staff and community
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 11 Page 184 of 283 Agenda Item # 9.2
Page 12 | 2020 TO 2022 BUSINESS PLAN - DRAFT BUSINESS PLAN ACTION ITEMS
Staff identified more than 50 Action Items initially, however due to resource and financial capacities, a prioritization exercise was completed and the following 12 Action Items were identified as the highest priority considering alignment with Council's Goals, the results of the Community Survey and the Corporate Strategic Plan. The 12 Action Items have been categorized into six themes.
The six themes for the 2020 to 2022 Business Plan are:
• COMMUNITY BUILDING
• COMMUNITY ENGAGEMENT AND COMMUNICATIONS
• COMMUNITY SAFETY AND TRANSPORTATION
• ECONOMIC DEVELOPMENT
• EFFECTIVE GOVERNMENT
• ENVIRONMENTAL SUSTAINABILITY
Page 185 of 283 Each Business Plan Action Item clearly identifies which Council Goals, Community Survey Priorities and Corporate Strategic Priorities it aligns with. Agenda Item # 9.2
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 13 COMMUNITY BUILDING
Customer Service Strategy A new Customer Service Strategy will be developed in 2020 to help ensure the Town continues to provide excellent customer service that meets the needs of residents both now and in the future. The strategy will look at ways to improve the consistency and quality of the service received by residents. The opportunity to centralize front-line customer service functions in a Service Whitby, 311 or similar model will be investigated including development of a phased approach and facility requirements. The strategy will also look at leveraging technology to better track, manage and continue to ensure timely response to resident inquiries.
Alignment with: Council's Goals: 2, 4, 6, 9 Community Survey Priority: Enhancing customer service Corporate Strategic Plan Objective: 1.2, 1.3, 2.1, 2.2, 2.4, 2.5, 3.1, 3.2, 3.3, 3.4, 3.5
Deliverables: • Complete a customer service strategy and corporate customer service training in 2020 • Create a central customer service center by early 2021 to improve the quality and consistency of the customer service received by residents • Consider customer relationship management software solutions in 2021 Page 186 of 283 Agenda Item # 9.2 Budget 2020 to 2022 2023 to 2029 Capital $1.2M $1.0M Operating $0.7M $0
Page 14 | 2020 TO 2022 BUSINESS PLAN - DRAFT COMMUNITY BUILDING
Downtown Whitby Secondary Plan There have been significant changes in land use planning policies that could affect Downtown Whitby since the Secondary Plan was first introduced in 1989, such as the Town’s Official Plan Review, Intensification Strategy, Downtown Community Improvement Plan, Downtown Whitby Action Plan, Werden’s Heritage Conservation District Plan, Active Transportation Plan, etc. A review and update will help ensure the Secondary Plan remains current, plans for future growth and development, and reflects and implements the changes to other land use planning policies.
Alignment with: Council's Goals: 2, 6, 7, 8, 9, 10 Community Survey Priority: Planning for our future Corporate Strategic Plan Objective: 2.3, 2.5, 3.1
Deliverables: • Conduct ongoing community engagement seeking stakeholder input on their vision for Downtown Whitby to ensure it continues to be a vibrant, welcoming and thriving downtown • Complete an analysis of background materials, prepare proposed policy directions, and conduct community engagement in 2020/2021, with the final recommended Official Plan Amendment being presented in 2021/2022 Page 187 of 283 Agenda Item # 9.2 Budget 2020 to 2022 2023 to 2029 Capital* $0.5M $0 Operating Budget $0 $0 *Includes budget approved in prior year
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 15 COMMUNITY BUILDING
North Whitby Sports Centre The Town will move forward on the next steps needed to explore the creation of a new North Whitby Sports Complex. The need for a new recreation facility in the northern part of the community was identified as part of the Town’s 2012 Sports Facility Strategy. The proposed facility could include an aquatic centre, multipurpose floor, ice facilities and community spaces. The facility is needed to ensure the Town can continue to serve our growing community.
Alignment with: Council's Goals: 2, 4, 5, 9, 10 Community Survey Priority: Managing growth and development Corporate Strategic Plan Objective: 3.1
Deliverables: • Move forward on the creation of a new recreation facility in the north of the community to ensure recreation opportunities are available for all residents well into the future • Conduct community engagement on the proposed design of the new Centre in 2020 and 2021, with construction expected to begin in 2022 and completion in 2023 Page 188 of 283 Agenda Item # 9.2 Budget 2020 to 2022 2023 to 2029 Capital $40.0M $0 Operating $0 $0.7M
Page 16 | 2020 TO 2022 BUSINESS PLAN - DRAFT COMMUNITY BUILDING
Comprehensive Zoning Review
The Town is undertaking a Comprehensive Zoning Review to ensure its existing Zoning By-law aligns with the Town’s updated Official Plan, reflects current zoning practices and serves the best interests of residents today and in the future. The review will look at residential, commercial and industrial properties in Whitby. The review and resulting Zoning By-law will provide a way for the Town to manage land use and future development.
Alignment with: Council's Goals: 2, 3, 6, 8, 9, 10 Community Survey Priority: Planning for our future Corporate Strategic Plan Objective: 2.1, 2.2, 3.1
Deliverables: • Engage a consultant to lead the project and complete background studies, analysis and strategic direction in 2020, develop a first draft for community consultation and refinement in 2021/2022 with final adoption of updated zoning by-law in 2024 • Conduct community engagement on the development of modernized by-laws to maintain a high quality of life for Whitby residents, enhance and protect property values, design and preserve livable and walkable communities, conserve recreation areas, open space and environmentally sensitive areas Page 189 of 283 Agenda Item # 9.2 Budget 2020 to 2022 2023 to 2029 Capital* $2.0M $0 Operating $0 $0 *Includes budget approved in prior year
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 17 COMMUNITY ENGAGEMENT AND COMMUNICATIONS
Community Engagement The Town sees community engagement as a vital tool in the municipal decision-making process. That’s why, in 2019 the Town completed and received Council approval on its first Community Engagement Framework. The new Corporate Strategic Plan also highlights this initiative as a strategic priority in order to drive the very real, sustainable changes this growing community needs. Residents shared that they want to be heard. With the changing demographics, our residents, businesses and community groups want to see the Town demonstrate that it’s embracing the views and goals of the whole community. The current framework is a guiding document that provides a consistent approach for when, how and why, the Town engages with the community on the issues, policies and programs that matter most to them. Its commitment is “to value community engagement as an important part of how we work”. This includes three goals: 1. being consistent and effective in our engagement, 2. make engagement easy, and 3. invest in our engagement efforts. The framework will guide the development of the necessary implementation plans and staff resources needed to integrate the framework into the fulsome decision-making process that impacts all community partners.
Alignment with: Council's Goals: 2, 4, 6 Community Survey Priority: Improving communication and community engagement Corporate Strategic Plan Objective: 1.2, 2.5, 3.1, 3.4 Deliverables: • Develop implementation plan in 2020 • Develop digital engagement platform in 2020 • Develop and evaluate toolkit to support Council and staff 2020 to 2022
Page 190 of 283 • Develop, implement and evaluate comprehensive staff training 2020 to 2022 Agenda Item # 9.2 Budget 2020 to 2022 2023 to 2029 Capital* $0.2M $0.1M Operating $0.1M $0 *Includes budget approved in prior year
Page 18 | 2020 TO 2022 BUSINESS PLAN - DRAFT COMMUNITY SAFETY AND TRANSPORTATION
Mid Arterial Roadway The Town is moving forward with the construction of a new and major east-west roadway through south Brooklin – the Mid Arterial Roadway. The proposed future roadway would connect Cochrane Street to Britannia Road in the City of Oshawa, helping to support new economic development opportunities and imminent growth expected in the area. The roadway would also help to further the Town’s goal of creating a more connected community. An environmental assessment and preliminary design for the roadway began in 2019.
Alignment with: Council's Goals: 3, 8, 9 Community Survey Priority: Improving road safety and traffic congestion Corporate Strategic Plan Objective: 3.1
Deliverables: • Design and begin construction on an east-west arterial road that will increase economic development opportunities and help reduce traffic congestion • Complete an environmental assessment in 2020 • Acquire necessary property in 2021 • Complete a detailed design and seek necessary approvals in 2022, with construction expected to take place from 2022 to 2024 Page 191 of 283 Agenda Item # 9.2 Budget 2020 to 2022 2023 to 2029 Capital* $27.7M $21.0M Operating $0 $0.3M *Includes budget approved in prior year
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 19 ECONOMIC DEVELOPMENT
Economic Development Strategy The Town will develop an economic development strategy with a demographic review and market assessment that reflects our current business climate and five-year strategic direction. The strategy will focus on how Whitby can foster an environment where existing businesses succeed and new investment is attracted and continue to support and enhance the technology and innovation ecosystem in our downtowns. The Vision of this Strategy is to create a diverse, sustainable economy that provides employment opportunities to enhance the quality of life for Whitby’s business community and residents. In addition, plans include a focus on enhanced business support to attract, retain and grow local businesses and employment opportunities and streamline business processes.
Alignment with: Council's Goals: 3, 5, 6, 7, 9, 10 Community Survey Priority: Attracting more local jobs and businesses Corporate Strategic Plan Objective: 2.3, 3.1
Deliverables: • Develop an Economic Development Strategic Plan that clearly outlines the actions and initiatives that will contribute towards more jobs and employment opportunities over the next five years • Establish adequate office space to cultivate technology and innovative companies to grow to commercial success and create local jobs and economic prosperity in downtown Whitby
Page 192 of 283 • Streamline business processes that promote economic development and employment opportunities Agenda Item # 9.2
Budget 2020 to 2022 2023 to 2029 Capital $0.2M $0 Operating $0.1M $0
Page 20 | 2020 TO 2022 BUSINESS PLAN - DRAFT EFFECTIVE GOVERNMENT
Whitby Official Plan A (minor) review and update of the Town of Whitby Official Plan will be required to address land use policy changes at the Provincial and Regional level. The update will help ensure the Town’s land use planning policies remain current, reflect and implement upper tier policy changes to effectively manage future growth and development.
Alignment with: Council's Goals: 2, 3, 5, 6, 9, 10 Community Survey Priority: Planning for our future Corporate Strategic Plan Objective: 2.3, 2.5, 3.1
Deliverables: • Develop a terms of reference for project commencement in 2022 • Compile, review and analyze background materials, prepare Discussion Papers and/or Proposed Policy directions, and conduct ongoing community engagement, in 2023/2024 • Adopt an Official Plan Amendment to update the land use policies and mapping of the Whitby Official Plan to conform to and implement Provincial and Regional land use policy changes, in 2025 Page 193 of 283 Agenda Item # 9.2
Budget 2020 to 2022 2023 to 2029 Capital $0.05M $0.5M Operating $0 $0
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 21 EFFECTIVE GOVERNMENT
Organizational Effectiveness
The foundation for the delivery of efficient, cost effective and relevant services to our community is our organizational culture and effectiveness. Organizational effectiveness is the capacity our organization has to deliver services in a way that maximizes energy, time, money, and human and material resources. In order to achieve and sustain high levels of performance and effectiveness, it requires a corporate culture that enables employees to adapt to the Town’s dynamic and evolving environment. As outlined in the CSP, the Town of Whitby is striving for a more inclusive, effective and rewarding corporate culture. Creating this future culture requires a deliberate and focused strategy with aligned efforts and programs to ensure progressive leadership; attraction and retention of the best employees; improved wellness, morale, engagement and loyalty; higher productivity, performance and results for the community; increased positive customer service experiences; and, an all-around better experience for our employees and our community.
Alignment with: Council's Goals: 1, 4, 6 Community Survey Priority: Improving communication and community engagement Corporate Strategic Plan Objective: 1.1, 1.2, 1.3, 1.4, 1.5, 2.1, 2.5, 3.5 Deliverables: • Implement the Town's People Strategy to further align people processes and systems to the Corporate Strategic Plan (CSP) and support Town employees to reach their potential as individuals and team members • Develop and implement staff programs and supports that foster an inclusive environment and position the Town of Whitby as the organization that the most talented people want to join • Thoughtfully design and implement an employee experience where people have job satisfaction and rewarding careers as we strive to Page 194 of 283 achieve our collective CSP mission to deliver services that make a difference in our community Agenda Item # 9.2 Budget 2020 to 2022 2023 to 2029 Capital $0 $0 Operating $0.05M $0
Page 22 | 2020 TO 2022 BUSINESS PLAN - DRAFT EFFECTIVE GOVERNMENT
Enterprise Resource Planning (ERP) System
Enterprise Resource Planning (ERP) software is a system of integrated applications that facilitate the flow of information across the Town. The system enables Town staff to have a more holistic view of the organization to better support informed and timely decision making as it relates to financial, asset and human resource management. The implementation of these technologies will provide opportunities for efficiencies through built-in integration and automation, and enable the Town to better service Whitby residents. Both the Service Delivery Review (SDR) and the Corporate Information Technology Strategic Plan (CITSP) identified a critical need to procure and implement an ERP solution that will replace existing software that is out of support and lacks critical financial, asset and HR functionality.
Alignment with: Council's Goals: 1, 4, 5 Community Survey Priority: Ensuring fiscal responsibility Corporate Strategic Plan Objective: 1.2, 2.1, 2.2, 2.4, 3.3
Deliverables: • Complete the procurement process by 2021 and implementation of core financial, HR and asset management by end of 2023, with full project completion projected for 2025 Page 195 of 283 Agenda Item # 9.2 Budget 2020 to 2022 2023 to 2029 Capital* $11.7M $5.2M Operating $0.6M $0.5M *Includes budget approved in prior year
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 23 EFFECTIVE GOVERNMENT
Long Term Financial Planning The Long Range Financial Plan (LRFP) model facilitates comprehensive decision making regarding service level planning and future funding needs. The LRFP will provide a financial strategy that balances the needs identified in strategic plans with the principles of sustainability and affordability. Due to the new Bill 108 legislation, the Town must update its Growth Plan studies to mitigate the tax impact of growth as much as possible under the new Development Charges and Community Benefits Charge legislation.
Alignment with: Council's Goals: 1, 4, 5 Community Survey Priority: Ensuring fiscal responsibility Corporate Strategic Plan Objective: 1.3, 2.3, 3.1
Deliverables: • Provide the Town with a sustainable approach to planning for the needs of the community and allocating resources that address Council’s Goals and community needs in a fiscally responsible manner • Complete an updated development charge and community benefits charge background study in 2020 and conduct a development application approval process fee review in 2021 Page 196 of 283 Agenda Item # 9.2 Budget 2020 to 2022 2023 to 2029 Capital* $0.5M $0.8M Operating $0.06M $0 *Includes budget approved in prior year
Page 24 | 2020 TO 2022 BUSINESS PLAN - DRAFT ENVIRONMENTAL SUSTAINABILITY
Climate Change Plan In response to Whitby declaring climate change an emergency, the Town will move forward on the creation of Whitby’s first Climate Change Plan which will provide a framework to address both climate change mitigation and adaptation. The outcomes of the Plan will outline how Whitby will work towards the Council endorsed greenhouse gas reduction of 80% by the year 2050, as well as, ensure that the corporation and the community can remain resilient and continue to function in the face of near future climate change events.
Alignment with: Council's Goals: 1, 3, 4, 5, 9, 10 Community Survey Priority: Maintaining and cleaning the community Corporate Strategic Plan Objective: 1.5, 2.1, 2.2, 3.1, 3.2
Deliverables: • Develop a Climate Change Plan in 2020 to address both climate change adaptation and climate change mitigation, including an implementation plan by 2021 identifying actions, priorities and costs to address resiliency • Implement the Whitby Green Standard in 2020; advance environmental sustainability through education and community stewardship related to air quality, energy and water conservation, climate preparedness, biodiversity, green infrastructure and waste reduction • Corporately, update the Energy Management Plan in 2020; develop and implement sustainable practices related to management of fleet, forestry, facilities, zero emission vehicle infrastructure, stormwater, events and energy Page 197 of 283 Agenda Item # 9.2 Budget 2020 to 2022 2023 to 2029 Capital $0.7M $0.7M Operating $0 $0
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 25 FINANCIAL IMPLICATIONS
Collectively, the 12 Business Plan Action Items result in the following Budget 2020 to 2022 Impacts estimated budgetary impacts from 2020 to 2022. Included in the $302M capital program for Capital* $75.8M 2020 to 2022 Operating $1.6M Increase over the $133M 2019 Budget *Plus a total of $9.0M budget approved in prior year for Action Items where noted
Annual Projected Budgetary Increase
The budget for the Business Plan Action Items, along with the Town’s 3 Year forecast for continuing operational excellence, results in the following Budgetary Increase by Component 2020 2021 2022 Average estimated financial results. This forecast focuses on the delivery of important programs and services that residents rely on each day. Taking Care of What We Have Operating Inflation 2.83% 2.63% 2.56% 2.67% Asset Management - existing assets 1.59% 1.60% 1.62% 1.61% 6.0% 4.42% 4.23% 4.18% 4.28% 5.14 % 5.0% Cost of Growth Capital Program/Debt Payments 1.36% 1.68% 1.32% 1.45% 4.0% Asset Management - additional assets 0.76% 0.35% 0.33% 0.48%
3.0% Operating Impacts to service growth 1.03% 1.19 % 1.37% 1.19 % 3.15% 3.22% 3.02% 3.13 % Page 198 of 283 2.0%
Revenue from New Assessment -1.58% -2.54% -2.67% -2.26% Agenda Item # 9.2 1.0% Total Budgetary Increase 5.99% 4.91% 4.53% 5.14%
0% Overall Tax Bill Impact for 2020 2021 2022 2.04% 1.67% 1.54% 1.75% Town's Share (34%) Budgetary Increase 3 Year Average
Page 26 | 2020 TO 2022 BUSINESS PLAN - DRAFT FINANCIAL IMPLICATIONS
Draft 2020 to 2022 Capital Forecast, $302M by:
Project Type Financing Source Asset Category
2%
10% 24% 10% 44% 43% 76% 56% 35%
Growth Plan* Other Sources of Revenue Roads & Related Assets Facility Assets Asset Management Tax Based Reserves
Page 199 of 283 Park Assets Fleet and Equipment Assets Agenda Item # 9.2 *The Business Plan Action Items Studies and Strategic Initiatives comprises $76M of the $230M of the Growth Plan forecast.
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 27 COMMUNITY SURVEY 91% of respondents reported overall quality of life in Whitby - excellent (41%) or good (49%)
of residents are "satisfied" of residents feel they are
Page 200 of 283 or "very satisfied" with the getting "good" or "very good" 82% Town's customer service 81% value for their tax dollars Agenda Item # 9.2
View complete results at whitby.ca/communitysurvey
Page 28 | 2020 TO 2022 BUSINESS PLAN - DRAFT BUSINESS PLANNING CYCLE AND PROGRESS UPDATES
In keeping with the Town’s commitment to transparency and accountability, progress on the Business Plan will be reviewed and reported annually to ensure the Action Items and results continue to reflect and meet the needs and desires of Whitby residents. Each year, a report will be brought forward to Council and shared with the public through the Town’s website at whitby.ca/strategicplan. In addition, a community survey will be undertaken every two years to feed the progress report and updated Business Plan. Page 201 of 283 Agenda Item # 9.2
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 29 Page 202 of 283 Agenda Item # 9.2
Page 30 | 2020 TO 2022 BUSINESS PLAN - DRAFT WORKING COLLABORATIVELY TO IDENTIFY AND PRIORITIZE KEY ACTION ITEMS THAT WILL MODERNIZE OUR ORGANIZATION Page 203 of 283 Agenda Item # 9.2
2020 TO 2022 BUSINESS PLAN - DRAFT | Page 31 Town Hall 575 Rossland Road East Whitby, ON L1N 2M8 905.430.4300
W: whitby.ca/strategicplan Page 204 of 283 Agenda Item # 9.2 CAO 28-19 Attachment 2
TOWN OF WHITBY COUNCIL WORKSHOP FEEDBACK Projects included in the 2020 to 2022 Business Plan and 2020 Work Plan Page 205 of 283 Agenda Item # 9.2 COMMUNITY BUILDING
Outcome: Deliver community assets and services that contribute to quality of life of all residents.
Project Status Lead Division Accomplished to Date
Council approval received to begin consultation process; North Whitby Sports Complex 2020 to 2022 Business Plan Facilities completion of grant application for Provincial/Federal funding.
Redevelopment of Jeffery and Central Parks, 450 trees planted in Rosedale Park, increased access to waterfront trail through creation of parking lot, completion of accessible Continued expansion of trails system Parks, Long Range baseball diamond at Willow Park, relocation of Brooklin and development of parks and 2020 Work Plan Planning and Culture cenotaph, development of Valleywood Park in partnership green spaces with Schlegel and completion of asphalt trails along hydro electric power corridor from Rossland Road to William Stephenson and Manning Road to Crawforth.
Launch of Seniors Centre without walls targeted at isolated Continued focus on an age-friendly 2020 Work Plan Recreation seniors, Men's Breakfast Program, Grief and Loss Group and community Snow Angels program. Page 206 of 283 Increased seniors programs, Planning for program delivery at Taunton Mills, reintroduced
2020 Work Plan Recreation Agenda Item # 9.2 facilities and transportation programs at Heydenshore.
Page 2 | COUNCIL WORKSHOP FEEDBACK - BP/WP PROJECTS - DRAFT COMMUNITY BUILDING
Outcome: Deliver community assets and services that contribute to quality of life of all residents.
Project Status Lead Division Accomplished to Date
Report CAO 15-19 endorsed a Whitby location to be Support a Durham Region Hospital considered as the future site for the next Durham hospital; 2020 Work Plan Strategic Initiatives located in Whitby Task Force established to prepare evidence based submission for Whitby location.
Waterfront strategy and Parks, Long Range 2020 Work Plan Waterfront survey completed in Summer 2019. transformation Planning and Culture Page 207 of 283 Agenda Item # 9.2
Page 3 | COUNCIL WORKSHOP FEEDBACK - BP/WP PROJECTS - DRAFT COMMUNITY ENGAGEMENT AND COMMUNICATIONS
Outcome: Foster an environment of engagement that values the opinions and ideas of businesses and residents of all ages, abilities and backgrounds as an important part of the Town’s decision-making process.
Project Status Lead Division Accomplished to Date
Service level fact sheet and FAQ for "common public inquiries" and a recommended response Corporate 2020 to 2022 Business Plan (snow removal, grass cutting, Communications drainage issues, speeding, building inspections, tree removal)
Town supported Town Hall for Corporate 2020 to 2022 Business Plan Councillors Communications
Whitby 311 2020 to 2022 Business Plan Clerks Office
Better engagement of public Development, planning process including planning 2020 Work Plan Control, Design and notification to be increased from Tech Services
Page 208 of 283 current 120M
Communications plan on Agenda Item # 9.2 Planning intensification and density related 2020 Work Plan Administration developments
Page 4 | COUNCIL WORKSHOP FEEDBACK - BP/WP PROJECTS - DRAFT COMMUNITY SAFETY AND TRANSPORTATION
Outcome: Improve Town’s multi-modal transportation network to support effective movement of people and goods and improve community safety.
Project Status Lead Division Accomplished to Date
Consultant has been retained through the Brooklin North Mid arterial road 2020 to 2022 Business Plan Transportation Landowners Group, permission to enter to required property owners and environmental work has commenced.
Town staff are partners with DRPS on Road Watch and regularly discuss transportation/safety concerns with the Liaison with DRPS to increase 2019 Work Plan Transportation DRPS Community Officer. In addition, DRPS recently formed community safety a Community Safety Advisory Council which includes representatives from Town committees.
Delegation at AMO and follow up correspondence to Minister of Transportation highlighted the importance of Advocate for ownership of 2020 Work Plan CAO's Office ownership pf Baldwin to the municipality. In addition, Baldwin Street the municipality is undertaking a Feasibility Study for Hwy 7/Hwy 12.
Whitby Community Improvement Plan has focused on Page 209 of 283 encouraging residential development in downtowns. Report CAO 27-19 provided an update on the CIP Agenda Item # 9.2 Increase residential development 2020 Work Plan Strategic Initiatives program. Staff are tracking all residential development in downtowns applications in Downtown Whitby quarterly. Currently, there are approximately 638 residential units proposed in Downtown Whitby.
Page 5 | COUNCIL WORKSHOP FEEDBACK - BP/WP PROJECTS - DRAFT COMMUNITY SAFETY AND TRANSPORTATION
Outcome: Improve Town’s multi-modal transportation network to support effective movement of people and goods and improve community safety.
Project Status Lead Division Accomplished to Date
Downtown Whitby Action Plan Objective 2 focuses on Creating Downtown Whitby as a walkable pedestrian- focused destination. Report CAO 26-19 reported on actions Pedestrian focused downtowns 2020 Work Plan Strategic Initiatives that have been implemented to date to make downtown more pedestrian friendly. Downtown Whitby Transportation and Pedestrian Safety Action Plan Status Update Report PW 21-18. Page 210 of 283 Agenda Item # 9.2
Page 6 | COUNCIL WORKSHOP FEEDBACK - BP/WP PROJECTS - DRAFT ECONOMIC DEVELOPMENT
Outcome: Promote and support actions to maintain a resilient local economy and encourage business growth.
Project Status Lead Division Accomplished to Date
Investigating potential sites to serve as a landing pad for 1855 Next Steps 2020 to 2022 Business Plan Strategic Initiatives 1855 companies.
Economic Development Strategy 2020 to 2022 Business Plan Strategic Initiatives
Working collaboratively with the Planning Department Reduce red tape for businesses 2020 to 2022 Business Plan Strategic Initiatives to increase communication on economic development (conduct internal audit) opportunities to provide better customer service.
Delegation at AMO to Minister of Transportation highlighted the need for the reduction/elimination of tolls on Hwy 407 and 412; Council resolutions passed to support the removal of tolls have been shared with the Province. In addition, as part of the Chamber of Commerce's Advocacy Committee, Advocate to reduce/eliminate 2019 Work Plan CAO's Office staff are also working with the Chamber to educate Page 211 of 283 412 and 407 Tolls members of the traffic volumes currently on Hwy 412 and 407 as well as looking at traffic volumes of adjacent roads Agenda Item # 9.2 such as Lakeridge, Dundas, Taunton, Hwy 7. The Chamber is also considering developing a campaign to support consideration to remove or reduce tolls.
Page 7 | COUNCIL WORKSHOP FEEDBACK - BP/WP PROJECTS - DRAFT ECONOMIC DEVELOPMENT
Outcome: Promote and support actions to maintain a resilient local economy and encourage business growth.
Project Status Lead Division Accomplished to Date
Launched opening of 1855 with eight members, Masterclass series and seven sponsor partners; updated CIP to provide Continue to grow technology and financial incentives as part of the Façade Grant Program to 2020 Work Plan Strategic Initiatives innovation ecosystem include installation, repair or reinstall of cable, telephone, fibre and other service-specific installations to support business development and growth of technology industry.
Communicate Economic Dev Plan to bring an annual Economic Development update 2020 Work Plan Strategic Initiatives initiatives and successes Report to Council in 2020.
Ongoing focus of economic development to secure more Increase local employment employment opportunities; from 2014 to 2019, over 2,325 2020 Work Plan Strategic Initiatives opportunities for all ages new jobs have been created (1,809 from new investments and 530 from expansions).
Ongoing focus of economic development to secure new Increase number of businesses in 2020 Work Plan Strategic Initiatives businesses; from 2014 to 2019, 61 new business have Page 212 of 283 Whitby to offset residential taxes opened and 14 businesses have expanded in Whitby. Agenda Item # 9.2 Working with the Region to address servicing lands in Servicing employable lands 2020 Work Plan Strategic Initiatives priority areas.
Transform Downtowns - CIP, address Whitby Community Improvement Plan has been successful as 2020 Work Plan Strategic Initiatives vacant land, expand boundary demonstrated through report CAO 27-19.
Page 8 | COUNCIL WORKSHOP FEEDBACK - BP/WP PROJECTS - DRAFT ENVIRONMENTAL SUSTAINABILITY
Outcome: Protecting the natural environment and promoting environmentally sustainable practices.
Project Status Lead Division Accomplished to Date
Protection of environment and sustainable practices are key policy directions of the Official Plan (OP). Requirements for Balance of development between green space related to intensification currently calculated at Long Range Policy intensification and green space 2020 to 2022 Business Plan 1 ha per 312 dwelling units. Current rate will be subject to Planning projects change pending outcome of Bill 108 Regulations. Policies will be reviewed in next Municipal Comprehensive Review of the OP.
Environmental Initiatives 2020 to 2022 Business Plan Strategic Initiatives
Development of green construction 2020 Work Plan Strategic Initiatives guidelines Page 213 of 283 Agenda Item # 9.2
Page 9 | COUNCIL WORKSHOP FEEDBACK - BP/WP PROJECTS - DRAFT CAO 28-19 Attachment 3
TOWN OF WHITBY COUNCIL WORKSHOP FEEDBACK Projects for future consideration Page 214 of 283 Agenda Item # 9.2 COMMUNITY BUILDING
Outcome: Deliver community assets and services that contribute to quality of life of all residents.
Project Status Lead Division Accomplished to Date
Beautification of Thickson/Dundas Future Consideration Strategic Initiatives corridor
Champion youth initiatives: mentorship, heritage, mock youth Future Consideration Recreation council
Parks, Long Range Cultural facilities Future Consideration Planning and Culture
LVMA and Brooklin memorial park Future Consideration Facilities future plans (linked to NWSC)
Outdoor amphitheatre (linked to Parks, Long Range Future Consideration Whitby Civic Centre project) Planning and Culture Page 215 of 283 Agenda Item # 9.2
Page 2 | COUNCIL WORKSHOP FEEDBACK - PROJECTS FOR FUTURE CONSIDERATION - DRAFT COMMUNITY ENGAGEMENT AND COMMUNICATIONS
Outcome: Foster an environment of engagement that values the opinions and ideas of businesses and residents of all ages, abilities and backgrounds as an important part of the Town’s decision-making process.
Project Status Lead Division Accomplished to Date
Budget engagement and Future Consideration Financial Planning allocator tool
Establish Council Champions Future Consideration TBD for projects
Identify and strengthen local Future Consideration Operational Services neighbourhoods through signage
Identify and strengthen local neighbourhoods Town run Future Consideration TBD social media
Increase voter engagement Future Consideration TBD
Support Ward goals and Page 216 of 283 priorities - capital projects, events, Future Consideration TBD communication, newsletter Agenda Item # 9.2
Page 3 | COUNCIL WORKSHOP FEEDBACK - PROJECTS FOR FUTURE CONSIDERATION - DRAFT COMMUNITY SAFETY AND TRANSPORTATION
Outcome: Improve Town’s multi-modal transportation network to support effective movement of people and goods and improve community safety.
Project Status Lead Division Accomplished to Date
The Active Transporation Plan is underway and nearing Improve traffic safety through completion. Staff are incorporating comments received from Future Consideration Transportation increased bike lanes internal stakeholders and committees. Implementation to occur as resources/budget permit.
More east/west connector roads Future Consideration Transportation
Requirements for Community Safety Zones are expected Provide Community Safety Zones as part of Automated Speed Enforcement. Town staff to increase awareness of area Future Consideration Transportation participate on committee(s) to understand/finalize needs where safety is paramount. and requirements.
Report PW 30-19 will be going to Council this fall to identify possible inclusions to the winter maintenance program. Snow removal - increase service Focus is on encouraging walkable schools, connections to levels, sidewalks, school pathways, Future Consideration Operational Services the downtown areas, and high connectivity routes. Budget keep map current increase will be required to increase the service levels any Page 217 of 283 further and will be identified in a future report. Agenda Item # 9.2 Traffic calming initiatives including Traffic Calming consideration and draft staff report is reduction of speed, speed underway. Staff to also collect traffic data at numerous humps, round about, radar signs, Future Consideration Transportation location to identify potential crossing needs (i.e. pedestrian crosswalks and reduction of cross-over). speed limits
Page 4 | COUNCIL WORKSHOP FEEDBACK - PROJECTS FOR FUTURE CONSIDERATION - DRAFT ECONOMIC DEVELOPMENT
Outcome: Promote and support actions to maintain a resilient local economy and encourage business growth.
Project Status Lead Division Accomplished to Date
Financial incentives to "green" Future Consideration Strategic Initiatives companies
Increase businesses in Thickson/ Future Consideration Strategic Initiatives Dundas corridor
Increase employment opportunities Future Consideration Strategic Initiatives for youth Page 218 of 283 Agenda Item # 9.2
Page 5 | COUNCIL WORKSHOP FEEDBACK - PROJECTS FOR FUTURE CONSIDERATION - DRAFT EFFECTIVE GOVERNMENT
Outcome: Inspire public confidence through open, accountable and efficient delivery of government services.
Project Status Lead Division Accomplished to Date
Advocate to the Region for community benefit initiatives Future Consideration Strategic Initiatives related to issues such as transit and affordable housing
Regular Council workshops to increase unity and clarity of vision Future Consideration CAO's Office Hosted Council Retreat September 30, 2019. and deliverables amongst Council and staff
Tools to collect data to inform Technology and service levels and develop Council Future Consideration Innovation Services info sheets Page 219 of 283 Agenda Item # 9.2
Page 6 | COUNCIL WORKSHOP FEEDBACK - PROJECTS FOR FUTURE CONSIDERATION - DRAFT ENVIRONMENTAL SUSTAINABILITY
Outcome: Protecting the natural environment and promoting environmentally sustainable practices.
Project Status Lead Division Accomplished to Date
Collaborate with Province on Began process of developing Plan for elimination of single deposit/refund system for plastics, Future Consideration Strategic Initiatives use plastics to be presented to Council in Q1 2020. aluminums and metals
Selective weed control has been completed in the downtown cores; however, the products available for Town Consider options for enhanced use has limited success. Due to pesticide bans, limited weed control on Town owned Future Consideration Operational Services spraying can be completed on Town boulevards. Frequent boulevards mowing can reduce weed growth on grass boulevards; however, an increase to service levels would be required.
Communications has assisted with reminder messages to residents for the placement of recycle bins during weather events and have increased awareness of adopt-a-road Development of options to reduce Future Consideration Operational Services and adopt-a-park programs. Additional signs have been litter in the Town installed at known illegal dumping locations. Will continue to work with the BIA to remind businesses of the proper times to Page 220 of 283 put out recyclable materials. Agenda Item # 9.2 Partner with conservation authority Parks, Long Range Future Consideration to protect land and wildlife Planning and Culture
Town facility construction to adopt Future Consideration Facilities sustainable practices
Page 7 | COUNCIL WORKSHOP FEEDBACK - PROJECTS FOR FUTURE CONSIDERATION - DRAFT CAO 28-19, Attachment 4
Alignment of Business Plan Action Items Corporate Strategic Plan Alignment This chart illustrates how the Action Items align with the 15 Strategic Priority Objectives identified in the Corporate Strategic Plan. Each ring in the chart represents a single alignment. For example, the Action Items align with objective 2.4 two times. If the colour is filled to the outer ring, this indicates that there are 4 or more instances of alignment with this Objective.
3.5 1.1
3.4 1.2
3.3 1.3
3.2 1.4
1.5 People Priority 3.1 Page 221 of 283 Organization Priority Agenda Item # 9.2 2.1 2.5 Customer Priority
2.4 2.2 2.3 CAO 28-19, Attachment 4
Council Goals Alignment This chart illustrates how the Action Items align with the 10 Council Goals for the 2018 to 2022 term. Each ring in the chart represents two alignments. For example, the Action Items align with Council Goal 2 six times. If the colour is filled to the outer ring, this indicates that there are 8 or more instances of alignment with this Council Goal.
10 1
9 2
3 8
Council Goal 1 Council Goal 6 7 4 Council Goal 2 Council Goal 7 Council Goal 3 Council Goal 8 Council Goal 4 Council Goal 9 5 6 Council Goal 5 Council Goal 10 Page 222 of 283 Agenda Item # 9.2 Agenda Item # 9.2
CAO 28-19, Attachment 5
2020 Long Range Financial Plan Model Ten Year Outlook Projected Annual Budgetary Increase 8.00%
7.00%
6.00%
5.00% Budgetary Increase
4.00% Business Plan Average (2020 - 2022) 5.14%
3.00% 10 Year Average 5.09%
2.00%
1.00%
0.00% 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029
Page 223 of 283 Agenda Item # 9.2
CAO 28-19, Attachment 5
Ten Year Outlook Broken Out by Driver of Budgetary Increase
Budgetary Increase by 10-Year Component 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Average Taking Care of What We Have Operating Expenses 3.17% 2.95% 2.86% 2.80% 2.71% 2.61% 2.54% 2.48% 2.42% 2.37% 2.69% Inflation Revenues -0.34% -0.32% -0.31% -0.30% -0.29% -0.27% -0.26% -0.25% -0.24% -0.23% -0.28% 2.83% 2.63% 2.56% 2.51% 2.42% 2.33% 2.27% 2.22% 2.18% 2.14% 2.41%
Asset Management Existing Assets 1.59% 1.60% 1.62% 1.65% 1.64% 1.62% 1.64% 1.67% 1.70% 1.74% 1.65% 4.42% 4.23% 4.18% 4.15% 4.06% 3.95% 3.91% 3.89% 3.89% 3.88% 4.06%
Cost of Growth Growth Reserve Capital Program 1.18% 1.51% 1.32% 0.94% 1.59% 1.06% 1.10% 1.16% 1.23% 1.30% 1.24% Fund Debt Payments 0.18% 0.17% 0.00% 1.36% 1.95% 0.64% 0.13% 0.12% 0.00% 0.17% 0.47% 1.36% 1.68% 1.32% 2.30% 3.54% 1.70% 1.23% 1.29% 1.23% 1.48% 1.71%
Asset Management New Assets 0.76% 0.35% 0.33% 1.00% 0.70% 0.58% 1.09% 0.34% 0.44% 0.49% 0.61%
Contingency Reserve Policy 0.00% 0.00% 0.00% 0.44% 0.01% 0.01% 0.01% 0.01% 0.01% 0.01% 0.05%
Operating Expenses 1.47% 1.60% 2.15% 2.60% 2.66% 1.77% 0.98% 1.28% 1.19% 1.51% 1.72% Impacts Revenues -0.45% -0.41% -0.78% -1.20% -1.16% -0.39% -0.32% -0.30% -0.29% -0.30% -0.56% 1.03% 1.19% 1.37% 1.40% 1.49% 1.38% 0.66% 0.98% 0.90% 1.21% 1.16% 3.15% 3.22% 3.02% 5.14% 5.74% 3.66% 2.99% 2.62% 2.57% 3.19% 3.53%
Revenue from New Assessment -1.58% -2.54% -2.67% -2.68% -2.68% -2.61% -2.58% -2.56% -2.55% -2.55% -2.50% Total Budgetary Increase 5.99% 4.91% 4.53% 6.61% 7.12% 5.00% 4.33% 3.95% 3.91% 4.52% 5.09% Overall Tax Bill Impact for Town's Share (34%) 2.04% 1.67% 1.54% 2.25% 2.42% 1.70% 1.47% 1.34% 1.33% 1.54% 1.73%
2020 Long Range Financial Plan Model Assumptions • The LRFP model base inputs are: the 2019 Operating Budget; the uncommitted reserve and reserve fund balances (see CS 48-19); and the draft 2020 Capital budget and nine year forecast (this program totals $800 million over 10 years). Taking Care of What We Have: • Inflationary factors are built into the model based on Statistics Canada, municipal comparators, historical averages and industry projections; a straight-line inflation was applied each year. o Salaries / Wages / Benefits = 2.8% o Utilities = 5% o Planning and Building Fees = 2.5% o All other revenues and expenses = 2% o Capital Inflation = 3% • From an asset management perspective, the model assumes that the Town of Whitby will reach the 10 year average annual asset management requirement as
Page 224 of 283 Agenda Item # 9.2
CAO 28-19, Attachment 5
identified in PW 22-19 by 2029; this will mitigate the growing infrastructure funding gap, but does not close or decrease the gap. Cost of Growth: • Wherever possible, alternative non-tax based sources of funding was utilized to mitigate the tax based portion of the capital budget forecast. • For cash flow purposes, long term debt was utilized. The forecast includes $237 million of additional long term debt being assumed from 2020-2029; an annual repayment rate/term of 5% over 20 years was built into the model. • The Growth Reserve Fund, which is the Town’s primary source of funding the tax based share of the capital Growth Program was modeled so that the reserve did not go below $0. This was accomplished through utilizing Long Term Debt for capital projects and an annual tax based contribution increase. • The Growth Program has additional tax base implications beyond the initial capital costs including additional asset management contribution to maintain the new assets going forward and operating budget impacts. The operating budget impacts include both volume based (maintain existing per capita ratios) and capital project induced costs for specific large capital projects (e.g. new facility such as the North Whitby Sports Complex). • Contingency Reserve Impact reflects an assumption that based on the Assessment at Risk report (CS 15-19) there is a potential $3M draw on contingency reserves to offset the potential tax write-off of outstanding assessment appeals. This poses the risk of the contingency reserves falling below the minimum target and the model assumes a contribution starting in 2023 to bring them back up to the minimum target over a period of time. Revenue from New Assessment • The development growth model includes 13,355 new residential dwellings and, 245,411 square meters (2.64 million square feet) of non-residential development over the ten years. An 18 month lag was assumed from DC payable (i.e., building permit issuance) to the additional assessment from new development being included on the MPAC tax roll.
Impacts of Recent Legislation: Bill108 – More Homes, More Choice Act, 2019 The above Bill received Royal Assent on June 6, 2019. The Bill includes changes to the Development Charges Act and the creation of a new Community Benefits Authority effective January 1, 2021. The Minister of Municipal Affairs and Housing indicated in a letter to municipalities dated June 7, 2019 that the intent of the new legislation is to maintain municipal revenues. However, at the time of preparing the LRFP (and at the time of preparing this report) the complete draft regulations were not available and a thorough analysis including financial impact was not possible. As such the LRFP assumes the continuation of revenues based on the existing Development Charges Act. As a result next year’s update of the LRFP may change the capital program and/or budgetary impacts once the financial impact of the legislation/regulation is known.
Page 225 of 283 Agenda Item # 10.1
Town of Whitby By-law # 7561-19
Alternative Voting Method Being a By-law to authorize the use of mail-in ballots as an alternative method of voting for the 2022 Municipal Election. Whereas Section 42(1)(b) of the Municipal Elections Act, 1996, provides that the Council of a local municipality may pass by-laws authorizing electors to use an alternative voting method, such as voting by mail or by telephone, that does not require electors to attend at a voting place in order to vote; Whereas Section 42(5) of the Municipal Elections Act, 1996, provides when a by-law authorizing the use of an alternative voting method is in effect, Section 44 (voting proxies) applies only if the by-law so specifies. Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General 1.1. That the use of mail-in ballots as an alternative voting method, for both advance voting and voting day, is hereby authorized for the regular 2022 Municipal Election. 1.2. That no proxy voting provisions are applicable for the regular 2022 Municipal Election in accordance with this by-law. 2. Effective Date 2.1. This by-law shall be in force and effect upon final passage thereof.
By-law read and passed this 28th day of October, 2019.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
Page 226 of 283 Agenda Item # 10.2
Town of Whitby By-law # 7562-19
Part Lot Control By-law Being a By-law to designate certain portions of a registered Plan of Subdivision (SW- 2016-01) as not being subject of Part Lot Control. Whereas subsection 50(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”), provides that the council of a local municipality may by by-law provide that the part-lot control provisions in subsection 50(5) of the Act, do not apply to the land that is within a registered plan of subdivision as is designated in the by-law; And whereas, the Council of The Corporation of the Town of Whitby considers it appropriate to pass such a by-law relating to the lands hereinafter described; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General 1.1. That subsection 50(5) of the Act shall not apply to the following lands, all situated in the Town of Whitby, Regional Municipality of Durham; (a) Block 1, 40M-2608, Subject to an Easement as in DR1644481; Town of Whitby (PIN: 26541-0272 (LT) to 26541-0299 (LT), inclusive) 1.2. That a copy of this By-law be registered in the appropriate Land Registry Office on title on the lands set out herein. 2. Effective Date 2.1. The by-law shall be in force and effect upon final passage thereof, and shall remain in force and effect for a period of two (2) years from the date of its passing, ending October 28, 2021.
By-law read and passed this 28th day of October, 2019.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
Page 227 of 283 Agenda Item # 10.3
Town of Whitby By-law # 7563-19
Acquisition of Easement for a Multi Use Path Being a By-law to acquire an easement over lands described as Part of Lot 26, Concession 3, being Part 1, 40R-30630, Whitby PIN 26555-1270 (LT). Whereas Section 9 of the Municipal Act, 2001, S.O. 2001, c.25 as amended, grants municipalities the capacity, rights, power and privileges of a natural person for the purpose of exercising its authority under this or any other Act. And Whereas the Council of The Corporation of the Town of Whitby considers it advisable to acquire an easement over property described as Part of Lot 26, Concession 3, being Part 1, 40R-30630, Whitby PIN 26555-1270 (LT), in accordance with Corporate Services Department and Public Works Department Joint Report, CS 50-19, Council Resolution #263-19. Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows:
1. General 1.1. That the Corporation of the Town of Whitby hereby acquire an easement over Part of Lot 26, Concession 3, being Part 1, 40R-30630, Whitby PIN 26555- 1270 (LT) for the purpose of a multi-use trail.
By-law read and passed this 28th day of October, 2019.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
Page 228 of 283 Agenda Item # 10.4
Town of Whitby By-law # 7564-19
Amend the Fees and Charges By-law Being a By-law to amend the Fees and Charges By-law # 7220-17, as amended. Whereas the Council of The Corporation of the Town of Whitby considered Staff Report CLK 14-19 at its meeting on October 28, 2019; And whereas the Council of The Corporation of the Town of Whitby deems it necessary to repeal and replace Schedules A, D, and E to the Fees and Charges By-law in accordance with Staff Report CLK 14-19; And whereas the Council of The Corporation of the Town of Whitby deems it necessary to attach Schedule R – Corporate Services Department Fees to the Fees and Charges By-law in accordance with Staff Report CLK 14-19; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General 1.1. That Schedules A – Office of the Town Clerk and General Fees; Schedule D – Legal and Enforcement Services Department Fees; and Schedule E – Fire and Emergency Services Department Fees, to By-law # 7220-17 be repealed and replaced with Schedules A, D, and E attached hereto and forming part thereof. 1.2. That By-law # 7220-17 be amended to include Schedule R – Corporate Services Fees attached hereto, and that this schedule form part thereof. 1.3. That Section 1.1 and 2 of By-law # 7220-17 be amended to include the following: Schedule R – Corporate Services Fees 1.4. That Section 1.3 of By-law # 7220-17 be deleted and replaced with the following: That in addition to any other remedy available to the Town, any fee or charge imposed pursuant to this By-law shall constitute a debt owing by the person for whom the said service or activity was provided to, and the Town may, if such amounts remain unpaid following notification of the amounts owing pursuant to Section 1.2, add the amounts owing to the tax roll for the real property of the person who is responsible for paying the fees or charges, and such amounts may be collected in like manner as municipal taxes subject to any enabling provisions contained within each applicable by-law. 1.5. That Section 1.4 of By-law # 7220-17 be deleted and replaced with the following:
Page 229 of 283 Agenda Item # 10.4
That the Town shall, prior to adding any amounts owing pursuant to Section 1.3 to the tax roll of any property, provide written notice of its intention to do so. 2. Repeal of Existing By-law 2.1. By-law # 6366-10 is hereby repealed effective January 1, 2020 3. Effective Date 3.1. This by-law shall come into force and effect on January 1, 2020
By-law read and passed this 28th day of October, 2019.
Choose an item.
Don Mitchell, Mayor
Choose an item.
Christopher Harris, Town Clerk
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 2 of 22
Page 230 of 283 Agenda Item # 10.4
Schedule A To By-law # 7220-17 Office of the Town Clerk and General Fees (In effect as of January 1, 2020)
Fee (Including Fee (Excluding Fee Title HST Applicable Taxes, if Fee Basis Taxes) applicable)
General Fees
Photocopies $0.70 Yes $0.79 Per Page
Commission Limit of 4 Affidavits (non- $25.00 Yes $28.25 documents residents)
Certify True Limit of 4 Copies (non- $25.00 Yes $28.25 documents or residents) copies
Commission Limit of 4 Affidavits $15.00 Yes $16.95 documents (residents)
Limit of 4 Certify True $15.00 Yes $16.95 documents or Copies (residents) copies
Pension Affidavits Exempt No n/a n/a (Seniors)
Marriage Licence $135.00 No $135.00 Per Licence
Marriage $300.00 Yes $339.00 Per ceremony Ceremony
Marriage Ceremony Cancellation $50.00 Yes $56.50 Charge – prior to pre-consult
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 3 of 22
Page 231 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding Fee Title HST Applicable Taxes, if Fee Basis Taxes) applicable)
Marriage Ceremony Cancellation $100.00 Yes $113.00 Charge – following pre- consult
Lottery Licence 3% of Prize No n/a Per Licence
Registration of Death (during $25.00 No $25.00 Per Registration business hours)
Registration of Death (after $125.00 No $125.00 Per Registration hours)
Line Fence Dispute $250.00 No $250.00 Per Application Administration
Records Search Not Freedom of $45.00 Yes $50.85 Per Hour Information
Municipal Consent Forms for Liquor $50.00 No $50.00 Per Application Licence Applications
Note: All disbursement costs incurred by the Town are in addition to any other fees required to be paid as set out in this by-law or otherwise assessed.
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 4 of 22
Page 232 of 283 Agenda Item # 10.4
Schedule D To By-law #7220-17
Legal and Enforcement Services Department Fees
(In effect as of January 1, 2020)
Description of Services and Activities
1. Accessory Apartment Registration Fees: These fees covers the cost of processing an accessory apartment registration application which includes Town of Whitby staff time and other costs to investigate, regulate and require property owners to register accessory apartments. 2. Animal Adoption Fees: These fees cover the cost of sheltering, spaying or neutering, vaccinating and preparing an animal for adoption to the public from the Animal Services Centre. 3. Animal Licences: These fees cover the cost of processing an application for an animal licence for a cat or dog which includes staff time and other costs to investigate, regulate and require owners of cats and dogs to register animals with the Town. 4. Cadaver Disposal Fees: These fees cover the cost of picking up and disposing of a deceased domestic animal from private property or the cost of an animal owner bringing a deceased animal to Animal Services for disposal. 5. Wildlife Trap Rental Fee: This fee imposes a deposit to ensure the trap’s return, and imposes a cost if the trap is not returned after a week of being borrowed. 6. Impoundment Fees: These fees cover the cost of picking up an animal found running at large and sheltering the animal at the Animal Services Centre. The after- hours fee is applicable when an Animal Services Officer is required to work after- hours and incur overtime to pick-up an animal found running at large. This fee helps to offset the costs incurred in providing this service to the Town’s residents. 7. Owner Surrender Fees: These fees are applicable should an animal owner wish to transfer their animal to Animal Services for future adoption. Animal Services incurs costs to care for the animal and to have it spayed/neutered and vaccinated prior to making the animal available for adoption. 8. Pool Enclosure Permit Fees: These fees covers the cost of processing a pool enclosure permit application which includes staff time and other costs to investigate, regulate and require owners of privately-owned swimming pools to erect and maintain fences and gates around such swimming pools.
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 5 of 22
Page 233 of 283 Agenda Item # 10.4
9. Temporary Sign Permit: This fee covers the cost of processing a sign permit application which includes staff time and other costs to investigate, prohibit and regulate temporary signs erected within the Town. 10. By-law Services Re-Inspection Fee: This fee has been calculated based on the time required to conduct an inspection and includes the hourly rate of a By-law Officer and the overhead costs associated with a By-law Officer, including the cost of a municipal vehicle, uniform, mobile phone, laptop, and associated administrative support. 11. Compliance Letters: This fee covers the cost of processing and preparing a compliance letter, which includes staff time to investigate the history of a property, open files, and zoning compliance. 12. General Legal Fees: This fee sets the rate by which the Town may seek cost recovery for time spent by the Law Clerk or Town Solicitor on various legal matters, so that if the Town seeks costs in a litigation and needs to include the time spent by staff in Legal Services, it can establish the validity and existence of such cost through the fees and charges by-law. 13. Land Titles Registration Administration Fee: This fee covers the Town’s actual costs and time spent to register agreements or other instruments on title to property. The Teraview registration fees and search fees, which are charged to the Town, may also be recovered for search and registration fees outside of the normal Planning application process (e.g., encroachment agreements, easements, applications to delete agreements and enforcement orders). 14. Legal Fees for Sale Transaction: This fee covers the Town’s actual costs with respect to the sale of Town-owned land and the time spent to prepare the necessary documentation, conduct the necessary title searches, prepare and register the necessary instruments on title to the property (exclusive of disbursements). 15. Legal Fees for Purchase Transaction: This fee covers the Town’s actual costs with respect to the purchase of Town-owned land and the time spent to prepare the necessary documentation, conduct the necessary title searches, prepare and register the necessary instruments on title to the property (exclusive of disbursements). 16. Legal Fees for Title Search: This fee covers the Town’s actual costs and time spent to search title and obtain various related instruments on title to the property. Teraview search fees are charged together with the time spent to review the parcel register and determine the status of title and whether any additional documents need to be obtained. 17. Preparation and Registration of Subdivision Amending Agreement: This fee covers the Town’s actual costs for the preparation and registration of a subdivision amending agreement and the time spent to prepare the necessary documentation,
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 6 of 22
Page 234 of 283 Agenda Item # 10.4
conduct the necessary title searches, prepare and register the necessary instruments on title to the property (inclusive of disbursements). 18. Encroachments: This fee covers the cost of processing, preparing or releasing an encroachment or licence agreement between a property owner and the Town. Encroachments on Town property must go through the application process to confirm the size, type, risk and length of time the encroachment is required. 19. Annual Encroachment Fees: If an encroachment is permitted on Town property, an annual encroachment fee will be charged based on location, type and risk factor of the encroachment. Evidence of insurance will be required annually together with the encroachment fee as determined.
Fee (Including Fee (Excluding HST Fee Title Taxes, if Fee Basis Taxes) Applicable applicable)
1. Accessory Apartment - - - Fees
Accessory Apartment $250.00 No $250.00 each permit Registration Permit
Transfer of Registration $100.00 No $100.00 per transfer Permit
2. Animal Adoption Fees - - -
maximum fee for Cat adoption fee (general) $150.00 Yes $169.50 each
Cat adoption fee for cat under maximum fee for $250.00 Yes $282.50 1 year of age each
maximum fee for Dog adoption fee (general) $250.00 Yes $282.50 each
Dog adoption fee for dog maximum fee for $500.00 Yes $565.00 under 1 year of age each
maximum fee for Other animal adoption fee $100.00 Yes $113.00 each
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 7 of 22
Page 235 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding HST Fee Title Taxes, if Fee Basis Taxes) Applicable applicable)
3. Animal Licences - - -
Unaltered dog/cat $50.00 No $50.00 each licence
Unaltered dog/cat w/ micro- $45.00 No $45.00 each licence chip
Sterilized dog/cat $25.00 No $25.00 each licence
Sterilized dog/cat with micro- $20.00 No $20.00 each licence chip
Replacement animal licence $5.00 No $5.00 each licence
4. Cadaver Disposal Fees - - -
Cadaver disposal at Animal $50.00 Yes $56.50 each cadaver Services Centre
Cadaver pick-up $75.00 Yes $84.75 each cadaver
refundable cash deposit if 5. Wildlife Trap Rental Fee $50.00 No $50.00 returned within one week
each per day Wildlife Trap Rental Late Fee $5.00 No $5.00 every day thereafter
6. Impoundment Fees - - -
Impoundment of dog or cat wearing current Town of - - Whitby animal licence/microchipped
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 8 of 22
Page 236 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding HST Fee Title Taxes, if Fee Basis Taxes) Applicable applicable)
no fee for the 1st 1st occurrence Free No n/a occurrence
fee after 1st 2nd or subsequent occurrence $150.00 No $150.00 occurrence
Any occurrence where the dog fee if picked up or cat is picked-up by Animal $200.00 No $200.00 after regular Services after regular working working hours hours
fee per animal Daily care fee/animal/per day $35.00 Yes $39.55 per day
Impoundment of dog or cat not wearing current Town of - - n/a - Whitby animal licence/not microchipped
fee for 1st 1st occurrence $150.00 No $150.00 occurrence
fee for 2nd 2nd occurrence $150.00 No $150.00 occurrence
Any occurrence where the dog fee if picked up or cat is picked-up by Animal $200.00 No $200.00 after regular Services after regular working working hours hours.
fee per animal Daily care fee/animal/per day $35.00 Yes $39.55 per day
7. Owner Surrender Fees - - -
Transfer of ownership of an animal to Whitby Animal $75.00 Yes $84.75 each transfer Services (resident)
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 9 of 22
Page 237 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding HST Fee Title Taxes, if Fee Basis Taxes) Applicable applicable)
Transfer of ownership of an animal to Whitby Animal $100.00 Yes $113.00 each transfer Services (non-resident)
8. Pool Enclosure Permit - - - Fees
Pool Enclosure Permit $380.00 No $380.00 per permit
Transfer of Pool Enclosure $100.00 No $100.00 per transfer Permit
9. Refund – Permit issued 40% refund of no construction $152.00 No $152.00 permit fee commenced
10. By-law Services Re- $200.00 No $200.00 per re-inspection Inspection Fee
11. Compliance Letters - - -
Compliance Letter each compliance $150.00 Yes $169.50 (Residential) letter
Compliance Letter (Any other each compliance $225.00 Yes $254.25 zone) letter
12. General Legal Fees - - -
Law Clerk $143.00 Yes $161.59 per hour
Solicitor $306.00 Yes $345.78 per hour
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 10 of 22
Page 238 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding HST Fee Title Taxes, if Fee Basis Taxes) Applicable applicable)
13. Land Titles Registration Administration Fee (not related to a planning $260.00 Yes $293.80 per document application fee) exclusive of disbursements
14. Legal Fees for Title $150.00 Yes 169.50 per property Search
15. Legal Fees for Sale Transaction (exclusive of $500.00 Yes $565.00 per transaction disbursements)
16. Legal Fees for Purchase Transaction (exclusive of $750.00 Yes $847.50 per transaction disbursements)
17. Preparation and Registration of $1836.25 $1,625.00 Yes per document Subdivision Amending
Agreement
18. Encroachments - - -
Encroachment Application $350.00 No $350.00 per application Fee
Encroachment Agreement $500.00 Yes $565.00 per agreement Legal Fee
Release from $200.00 Yes $226.00 per agreement Encroachment Agreement
19. Preparation of Encroachment $510.00 Yes $576.30 per agreement Agreement
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 11 of 22
Page 239 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding HST Fee Title Taxes, if Fee Basis Taxes) Applicable applicable)
20. Annual Encroachment - - - Fees
Downtowns – Residential Downtown and and Non-Residential under No charge No n/a under 10 m2 10 m2
Downtowns – Residential Downtown and and Non-Residential over No charge No n/a over 10 m2 10 m2
per encroach- Residential under 10 m2 $100.00 No $100.00 ment
per encroach- Residential over 10 m2 $200.00 No $200.00 ment
Non-Residential under 25 per encroach- $300.00 No $300.00 m2 ment
Non Residential over 25 per encroach- $500.00 No $500.00 m2 ment
Additional fees based on As calculated by As calculated by As calculated by Yes risk factor Legal Services Legal Services Legal Services
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 12 of 22
Page 240 of 283 Agenda Item # 10.4
Schedule E To By-law # 7220-17 Whitby Fire & Emergency Services Department Fees (In effect as of January 1, 2020)
Fee (Including Fee (Excluding Fee Title HST Applicable Taxes, if Fee Basis Taxes) applicable)
General Fees
Emergency Response $80.00 Yes $90.40 Per report Report < 2 years
Emergency Response $150.00 Yes 169.50 Per report Report > 2 years
Per Search File Searches Residential $80.00 Yes $90.40 Including letter
Multi Unit Buildings (Up to Includes $80.00 Yes 3 Units file search) $90.40 response letter
Per unit, Multi Unit Buildings (4 units $25.00 Yes includes or more, file search) $28.25 response letter
Inspection Fees
$80.00/hr Per Hour $180.80 Boarding/Lodging/Rooming Min 2 hours Yes +$90.40/hr Includes House (upon request) +$80/hr after 2 after 2 hrs compliance hrs letter
Per Hour $80.00/hr $180.80 Educational Institutions Includes Min 2 hours + Yes +$90.40/hr (upon request) compliance $80/hr after 2 hrs after 2 hrs letter
Per Hour $180.80 $80.00/hr Includes Foster Care (upon request) Yes +$90.40/hr Min 2 hours compliance after 2 hrs letter
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 13 of 22
Page 241 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding Fee Title HST Applicable Taxes, if Fee Basis Taxes) applicable)
Per Hour $180.80 Group Home (upon $80.00/hr Includes Yes +$90.40/hr request) Min 2 hours compliance after 2 hrs letter
Per Hour $180.80 $80.00/hr Includes Institutional (upon request) Yes +$90.40/hr Min 2 hours compliance after 2 hrs letter
Per Hour $180.80 Licensed Day Care Centre $80.00/hr Includes Yes +$90.40/hr (upon request) Min 2 hours compliance after 2 hrs letter
Per Hour $180.80 Private Home Day Care $80.00/hr Includes Yes +$90.40/hr (upon request) Min 2 hours compliance after 2 hrs letter
This letter forms part of either the Fire Regulation none n/a none inspection or Compliance Letter file search request process
$180.80 $80.00/hr Per Hour Liquor Licensing Requests Yes +$90.40/hr Min 2 hrs includes letter after 2 hrs $180.80 Residential Occupancies $80.00/hr Per Hour Yes +$90.40/hr (Not owner occupied) Min 2 hrs includes letter after 2 hrs
Open Air Burning Request $80.00 Yes $90.40
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 14 of 22
Page 242 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding Fee Title HST Applicable Taxes, if Fee Basis Taxes) applicable)
Two Unit Residential $180.80 Retrofit (if due to complaint $80.00/hr Per Hour Yes +$90.40/hr and no contraventions, no Min 2 hrs includes letter after 2 hrs fee)
Fire Safety Plan Included as none Yes Development/Approval none inspection fees
$180.80 Miscellaneous Inspections $80.00 Per Hour Yes +$90.40/hr Not Otherwise Specified Min 2 hours includes letter after 2 hrs
Emergency Services
Standby Requests (by private companies, developers, industry, provincial or regional government, other than Emergency Response)
Maximum ~Per Vehicle for every ½ Per vehicle per chargeable rate Yes hour or part thereafter hour as set by MTO
Emergency Response to Motor Vehicle Accidents on Ministry of Transportation Highways as per the Province of Ontario’s Rates (cost recovery through MTO)
Maximum ~Per Vehicle for first hour Per vehicle per chargeable rate No or part thereof hour as set by MTO
Maximum ~Per Vehicle for every 1/2 Per vehicle per chargeable rate No hour or part thereafter hour as set by MTO
Plus any additional clean- Actual Costs up costs
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 15 of 22
Page 243 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding Fee Title HST Applicable Taxes, if Fee Basis Taxes) applicable)
Maximum ~Per Vehicle for first hour Per vehicle per chargeable rate No or part thereof hour as set by MTO
Emergency Response to Transportation of Dangerous Goods Incidents
Emergency Response to transportation of dangerous goods incidents Actual Costs (cost recovery as per Transportation of Dangerous Goods Act)
Maximum ~Per Vehicle for every 1/2 Per vehicle per chargeable rate Yes hour or part thereafter hour as set by MTO
Emergency Response to a Hazardous Material Spill
Maximum ~Per Vehicle for every 1/2 Per vehicle per chargeable rate Yes hour or part thereafter hour as set by MTO
Plus any additional clean- Actual Costs up costs
Emergency Response to a Natural Gas Leak caused by a ruptured gas line
Maximum Per Vehicle for every 1/2 Per vehicle per chargeable rate Yes hour or part thereafter hour as set by MTO
Plus any additional clean- Actual Costs up costs
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 16 of 22
Page 244 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding Fee Title HST Applicable Taxes, if Fee Basis Taxes) applicable)
Additional Expenses - to retain a private contractor or rent equipment not carried on fire apparatus in order to suppress a fire, preserve property, prevent fire spread, remove Actual Costs materials creating a hazard, secure property for investigation, determine fire cause, conduct a fire watch, or otherwise eliminate an emergency or hazard.
Preventable Fires or Preventable Alarms
More than one (1) emergency response to unapproved open air burning
Maximum ~Per Vehicle for every 1/2 Per vehicle per chargeable rate Yes hour or part thereafter hour as set by MTO
Fires on or beside rail lines, caused by rail equipment, and failure to attempt to extinguish those fires that impinge on private or public properties
Maximum ~Per Vehicle for every 1/2 Per vehicle per chargeable rate Yes hour or part thereafter hour as set by MTO
More than two (2) preventable (malicious or false) alarms in a 12 month period
Maximum ~Per Vehicle for every 1/2 Per vehicle per chargeable rate Yes hour or part thereafter hour as set by MTO
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 17 of 22
Page 245 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding Fee Title HST Applicable Taxes, if Fee Basis Taxes) applicable)
Services provided via the Specialty Rescue Services Agreement with the City of Oshawa
Services Provided under the Specialty Rescue Services Agreement with the City of Oshawa Actual Costs (including trench rescue, confined space, high angle, etc.)
Indemnification Technology ®
Maximum ~Per Vehicle for every 1/2 Per vehicle per chargeable rate Yes hour or part thereafter hour as set by MTO
Additional Expenses - to retain a private contractor or rent equipment not carried on fire apparatus in order to suppress a fire, preserve property, prevent fire spread, remove Actual Costs materials creating a hazard, secure property for investigation, determine fire cause, conduct a fire watch, or otherwise eliminate an emergency or hazard.
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 18 of 22
Page 246 of 283 Agenda Item # 10.4
Schedule R To By-law # 7220-17 Corporate Services Department Fees (In effect as of January 1, 2020)
Fee (Including Fee (Excluding Fee Title HST Applicable Taxes, if Fee Basis Taxes) applicable) Tax Certificates for Lawyers Cost per roll $65.00 No $65.00 or Mortgage Companies number Cost per Income Tax/Duplicate $10.00 No $10.00 year/per roll Receipts number. Cost per roll Statement of Accounts $10.00 No $10.00 number Tax Certificate Verbal Tax Information to $65.00 No $65.00 must be Lawyers ordered Fee for any payment returned by the Cheque or Automatic bank for any Withdraw returned from the $40.00 No $40.00 reason, bank including cheques and automatic withdraws etc.
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 19 of 22
Page 247 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding Fee Title HST Applicable Taxes, if Fee Basis Taxes) applicable) Fee for each refund or payment transfer requested to be processed. Processing a refund or Written transfer between tax confirmation of accounts of an overpayment agreement of $40.00 No $40.00 on a tax account (by fee is required. property owner or their Not applicable agent). to overpayment from tax appeal, low income rebate programs or other similar situations Fee per payment that has to be manually corrected. No fee if it is the property owner’s first Incorrect Tax Roll Number time making an for Electronic or Bank $40.00 No $40.00 electronic Payments payment(letter sent to inform them) No fee waive for first time error on part of financial institution or lawyer. Fee per item, Copies of Adjustment includes time to Letters (write offs, $10.00 No $10.00 research and apportionment, vacancy, retrieve item heritage etc.) from archives.
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 20 of 22
Page 248 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding Fee Title HST Applicable Taxes, if Fee Basis Taxes) applicable) Fee per roll number, for all changes except for Ownership Information $25.00 No $25.00 estates, Change survivorship applications, or change in marital status. Fee to move or remove a postdated $20.00, up to a Postdated Cheque removal cheque from maximum of from system or moving to a No $20.00 the tax $120.00 per different date in the system account, fee request. will be waived if owner is deceased. Fee per roll number for all Tax Billing for Mortgage $10.00 No $10.00 accounts billed Companies at Interim and Final billings. Set up Fee for New Tax Fee per roll $50.00 No $50.00 Accounts number Fee per roll number for each item added to the tax roll for non- tax items such Additions to the Tax Roll as outstanding $25.00 No $25.00 Charge by-law charges, other Municipal Liens, Region of Durham Water/Sewer charges etc.
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 21 of 22
Page 249 of 283 Agenda Item # 10.4
Fee (Including Fee (Excluding Fee Title HST Applicable Taxes, if Fee Basis Taxes) applicable) Fee for each tax roll number that is issued Farm Debt Fee $60.00 Yes $67.80 this document as part of the collection process. Added to all invoices Accounts Receivable prepared by Min. 8% unless Administration Fee on Yes Accounts specified higher Invoices Receivable where the fee is applicable
By-law Name: Amend Fees and Charges By-law By-law # 7564-19 Page 22 of 22
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Town of Whitby By-law # 7565-19
Zoning By-law Amendment Being a By-law to amend By-law #1784, as amended, being the Zoning By-law of the Town of Whitby. Whereas, the Council of The Corporation of the Town of Whitby deems it advisable to amend By-law #1784; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General
1.1. Schedule ‘B’ to By-law #1784 is hereby amended by changing the zoning from CAC-GT-1 to H-CAC-GT-1-1 and CAC-GT-1-1 for the Subject Land shown on Schedule “A-1” attached to and forming part of this By-law.
1.2. Section 6E Garden Taunton Central Commercial Area to By-law #1784 as amended is hereby further amended by adding a new subsection (iv) Exceptions and adding thereto the following Exception.
(iv) Exceptions
(a) Exception 1: CAC-GT-1-1
1. Defined Area
The land located north of Taunton Road East, east of Garden Street and zoned CAC-GT-1-1 shall be subject to the provisions as hereinafter contained. Matters not specifically dealt within this By-law shall be governed by the relevant provisions of By-law #1784.
2. Uses Permitted
No person shall within any CAC-GT-1-1 Zone use any lot or erect, alter or use any building or structure except in accordance with the following:
(a) Mixed Use Building containing one or more of the permitted non-residential uses, in conjunction with one or more of the following residential uses:
• apartment dwelling units • seniors apartment dwelling units
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• long term care home • retirement home
(b) Non-Residential Uses • all uses permitted in the CAC-GT-1 and CAC- GT-2 Zone
3. Zone Provisions – Stand Alone Non-Residential Development The zone provisions applicable to stand alone non- residential development shall be those provisions set out in the CAC-GT-1 and CAC-GT-2 Zones.
4. Zone Provisions – Mixed Use Development No person shall within any CAC-GT-1-1 Zone use any lot or erect, alter or use any building or structure except in accordance with the following provisions:
(a) Determination of Lot Notwithstanding the definition of Lot in Section 2 and any other provisions of By-law #1784, and notwithstanding the obtaining of any severance by way of a consent under the provisions of the Planning Act, R.S.O. 1990, C. P.13 as amended from time to time, or the registration at any time of any Condominium Declaration, a Plan of Subdivision, or conveyance with respect to any portion of the said land, the land zoned CAC-GT- 1-1 by this By-law shall be considered to be one lot.
(b) Lot Line Determination The lot line abutting Garden Street shall be deemed the front lot line and the lot line opposite the front lot line shall be deemed the rear lot line. The lot line abutting the internal roadway to the north shall be deemed the exterior side lot line and the southerly lot line shall be deemed the interior side lot line.
(c) Height of Building Maximum 18 storeys
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(d) Roof Top Appurtenances The maximum height of any roof top appurtenances such as an elevator penthouse, mechanical room, stair tower, roof top access room and any architectural features shall not exceed 6 metres.
(e) Lot Area Minimum 0.6 ha
(f) Lot Frontage Minimum 100 m
(g) Lot Coverage Maximum 50%
(h) Landscaped Open Space Minimum 10%
(i) Front Yard Minimum Depth 0.0 m
(j) Rear Yard Minimum Depth 20 m
(k) Interior Side Yard Minimum Width 4.0 m
(l) Exterior Side Yard Minimum Width 1.0 m
(m) Non-Residential Provisions
(i) The minimum gross floor area devoted to non-residential uses shall be 1300 m2 excluding outdoor patios related to non- residential uses.
(ii) Non-residential uses shall only be permitted on the first and second storey or on a floor below the first storey.
(iii) The minimum floor to ceiling height of the first storey for all non-residential uses shall be 4.5 m.
By-law Name: Zoning By-law Amendment By-law # 7565-19 Page 3 of 7
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(iv) Notwithstanding the minimum building yard setback provisions of this By-law to the contrary, any outdoor patio or any ornamental or architectural structure such as a canopy or a colonnade may project to within 0.3m of the property line.
(v) No drive through facilities are permitted.
(n) Parking and Loading Requirements
Notwithstanding any provisions of Section 4A to the contrary, the following provisions shall apply:
(i) Number of Non- Residential Parking Spaces Minimum 1 space per 30m2 of gross leasable area (ii) Any parking structure situated below finished grade may be located no closer than 0.0 m to any street line or any other lot line provided that any roof deck or finished top level of the parking structure is no greater than 1m above finished grade. This provision shall also apply to ventilation shafts, stairways and other similar facilities associated with a parking structure that projects above finished grade. (iii) Any parking area or parking spaces at finished grade shall be set back a minimum distance of 2.5m from any street line, 0.0m from any other lot line, 3.5m from the exterior wall of a main building other than an end wall and 1.8m from an end wall. (iv) Tandem parking spaces shall be permitted and be counted as two parking spaces only where used by an owner or tenant of one dwelling unit.
By-law Name: Zoning By-law Amendment By-law # 7565-19 Page 4 of 7
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5. Definitions For the purpose of the interpretation of the various zone provisions set forth above, the following definitions shall apply and where there is a conflict between the definitions set forth hereunder and those set forth in Section 2 of By-law #1784, the following definitions shall apply:
(a) Landscaped Open Space means the open unobstructed space on a lot which is suitable for the growth and maintenance of grass, flowers, bushes, and other landscaping or other common outdoor recreational activity space and includes any surfaced walk, patio and open space areas or other common outdoor recreational activity areas or similar landscaped space on the roof of a building, but does not include any driveway or ramp whether surfaced or not, nor any curb, retaining wall, parking area, private balcony or private terrace.
(b) Mixed Use Building means a building containing residential uses and at least one other non- residential use.
6. Zone Provisions That Do Not Apply
The following subsections of Section 4 General Provisions shall not apply to the lands zoned CAC-GT-1- 1 by this By-law:
4(g) Sight Triangles 4(m) Ten Percent (%) of Every Lot 4(w) Satellite Dishes
7. Holding Provisions
(a) No person shall use any lot or erect, alter or use any building or structure in any H-CAC-GT-1-1 Zone except in accordance with the following uses:
(i) Uses permitted in the CAC-GT-1 and CAC-GT-2 Zone.
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(ii) A maximum four storey building containing underground parking and no dwelling units.
(b) The “H” holding symbol prefixed to the CAC-GT-1- 1 Zone shall only be removed to permit a mixed use building by amendment to this By-law at such time as the following matter is satisfied or fulfilled:
(i) That Garden Street has been extended northerly to intersect with the proposed new Mid-Block Arterial Road connecting Anderson Street to Baldwin Street South; or,
(ii) That Council otherwise agrees to the removal of the “H” holding symbol. 1.3. Section 6E – Garden Taunton Central Area Commercial to By-law #1784, as amended, is hereby further amended by: (a) Deleting subsection (ii)(b) Lot Area. (b) Deleting subsection (ii)(c) Lot Frontage.
By-law read and passed this 28th day of October, 2019.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
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By-law Name: Zoning By-law Amendment By-law # 7565-19 Page 7 of 7
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Town of Whitby By-law # 7566-19
Zoning By-law Amendment Being a By-law to amend By-law #1784, as amended, being the Zoning By-law of the Town of Whitby. Whereas, the Council of The Corporation of the Town of Whitby deems it advisable to amend By-law #1784; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General 1.1. Schedule “B” to By-law #1784 is hereby amended by changing the zoning from A to MD for the Subject Land shown on Schedule “A-1” attached to and forming part of this By-law. 1.2. That notwithstanding any provisions of By-law #1784 to the contrary, the zoning requirements of Section 14 West Whitby Secondary Plan Area of By-law #1784 shall also apply to the lands zoned by this By-law.
By-law read and passed this 28th day of October, 2019.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
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By-law Name: Zoning By-law Amendment By-law # 7566-19 Page 2 of 2
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Town of Whitby By-law # 7567-19
Zoning By-law Amendment Being a By-law to amend By-law #1784, as amended, being the Zoning By-law of the Town of Whitby. Whereas, the Council of The Corporation of the Town of Whitby deems it advisable to amend By-law #1784; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General 1.1. Schedule “B” to By-law #1784 is hereby amended by changing the zoning from LD, MD and MX2 to LD, MD and MX2 for the lands marked LD, MD and MX2 shown as the Subject Land on Schedule “A-1” attached to and forming part of this By-law.
By-law read and passed this 28th day of October, 2019.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
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By-law Name: Zoning By-law Amendment By-law # 7567-19 Page 2 of 2
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Town of Whitby By-law # 7568-19
Amend the Downtown Whitby Community Improvement Plan By-law Being a By-law to amend Downtown Whitby Community Improvement Plan By-law # 7424-18. Whereas the Council of The Corporation of the Town of Whitby considered Staff Report CAO 27-19 at its meeting on October 28, 2019; And whereas the Council of The Corporation of the Town of Whitby deems it necessary to repeal and replace Appendix C to Downtown Whitby Community Improvement Plan By-law # 7424-18 in accordance with Staff Report CAO 27-19; Now therefore, the Council of The Corporation of the Town of Whitby hereby enacts as follows: 1. General 1.1. That Appendix C to By-law # 7424-18 be repealed and replaced with Schedule A attached hereto and forming part thereof. 2. Schedule(s) 2.1. A – Appendix C: Implementation Guidelines 3. Effective Date 3.1. This by-law shall come into force and effect upon the date of passing
By-law read and passed this 28th day of October, 2019.
Don Mitchell, Mayor
Christopher Harris, Town Clerk
Page 262 of 283 Agenda Item # 10.8
Schedule A to By-law # 7568-19
Appendix C Downtown Whitby Community Improvement Plan Implementation Guidelines for: Development Charge Full or Partial Exemption Cash-in-Lieu of Parking Tax Increment Equivalent Grant Façade Improvement Grant / Design Grant Sign Grant Interior Heritage Building Grant
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Introduction These Implementation Guidelines activate and provide further details on all available incentive programs within the “toolbox” of incentives in the CIP, namely: Development Charge (DC) Full or Partial Exemption; Cash-in-Lieu (CIL) of Parking; Tax Increment Equivalent Grant (TIEG); Façade Improvement Grant / Design Grant; Sign Grant; and Interior Heritage Building Grant.
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Schedule A to By-law # 7568-19
Development Charge (DC) Full or Partial Exemption The following Development Charge Full or Partial Exemptions (grant-in-lieu) apply to high density residential development, mixed use development and commercial and office development in the Downtown Whitby Community Improvement Project Area (CIPA) for local (Town of Whitby) Development Charges: DC Partial Exemption for High Density Residential and Residential Mixed Use Development: A 75% DC exemption for high density residential developments and the residential component of mixed use developments within the Historic Downtown Whitby Priority Area. DC Full Exemption for Retail Commercial and Office Expansion Development: Within the Historic Downtown Whitby Priority Area, a 100% DC exemption is provided for existing retail commercial and office buildings which are enlarged by up to 50% of the existing Gross Floor Area (GFA), up to a maximum of 929 square metres (10,000 square feet). Outside of the Historic Downtown Whitby Priority Area, a 100% DC exemption is provided for existing retail commercial and office buildings enlarged by up to 50% of the existing GFA, up to a maximum of 464 square metres (5,000 square feet). DC Partial Exemption for New Office Development: Where the gross floor area of a new office (not including a medical office) development exceeds 90 square metres (968 square feet), the exemption shall be either: a) 75% DC exemption in the Historic Downtown Whitby Priority Area; or b) 50% DC exemption outside of the Historic Downtown Whitby Priority Area. Eligibility This program applies to: New high density residential developments and residential components of mixed use developments in the Historic Downtown Whitby Priority Area; Expanded retail, commercial and office uses in the Downtown Whitby CIPA; and New office development in the Downtown Whitby CIPA. Municipal Investment Development Charge full or partial exemptions provided through the CIP Incentive, as described above, include a municipal investment that shall not exceed $100,000 for all qualifying non-residential developments and $1.53
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Schedule A to By-law # 7568-19 million for qualifying residential and mixed use residential developments in the Downtown Whitby CIPA over the life of the CIP by-law. The scope, municipal investment and benefits of the incentive can be examined and re-evaluated regularly. Administration The application process for the DC Full or Partial Exemption Program is as follows: a) The owner of the property submits a completed application at the time of Site Plan submission. The application must include information with the exact number and type of units, GFA of retail commercial and office uses, timeline and commitment to proceed to building permit. b) Approval of Development Charge Full or Partial Exemptions would be delegated to a Senior Leadership Team comprised of to the Commissioners of Planning and Development, Corporate Services/Treasurer and Community and Marketing Services. The Application Review Team confirms eligibility, complete application and provides a summary of application to the Senior Leadership Team for approval. c) A letter is provided to the owner confirming eligibility is met and providing an estimate of DC full or partial exemption. d) At the time of Building Permit issuance, the payable DC amount is adjusted accordingly. The Town makes the payment on the balance of the outstanding DC from the CIP program budget. The Development Charge Full or Partial exemption is based on the applicable percentage of the Development Charges required in accordance with the Development Charges by-law in effect at the time the CIP application is approved. Upon application for a Building Permit, should: . The development proposal change, the Development Charge Full or Partial Exemption will be recalculated accordingly and will not exceed the previous approved maximum in the CIP application; and . New legislation on Development Charges come into effect that reduces the Development Charge from the time of the CIP application, the Development Charge Full or Partial Exemption will be recalculated accordingly. The Development Charge exemption payment will be charged to the Community Improvement Plan capital project and credited to the applicable Development Charges accounts. e) In cases where the municipal investment has been reached, applicants will be contacted and invited to re-submit an application if and when the municipal investment is increased by Council. f) A Building Permit must be issued and Development Charges paid within 1 year from the date the Development Charge CIP application was approved.
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Schedule A to By-law # 7568-19
Extensions may be granted at the discretion of the CIP Senior Leadership Team through a written request outlining the reasons for the extension. Evaluation Criteria a) The proposed development/redevelopment will provide additional, commercial, office and/or residential space in Downtown Whitby. b) The proposed development/redevelopment will result in additional tax revenue; c) The proposed development/redevelopment will result in a more complete streetscape; d) The proposed development/redevelopment will maximize the impact of the funding in terms of representing a comprehensive development or redevelopment of a building/property; e) The proposed development/redevelopment will meet requirements of the designation by-law if the building/property is designated under the Ontario Heritage Act; f) The owner/developer has experience in the field with similar size developments/redevelopments; g) The owner/developer has financial ability to complete the identified work; and h) The proposed improvement are in accordance with all applicable policies, by- laws and building code requirements.
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Schedule A to By-law # 7568-19
Cash-in-Lieu (CIL) of Parking Cash-in-lieu of Parking Rate Reduction The Town’s cash-in-lieu of parking rate is $7,500 per surface parking space or the amount determined by any future Parking Master Plan for non-residential development. This amount excludes the cost of land, and is not available for accessible parking spaces. For qualifying developments, the Town may provide a 50% discounted cash-in- lieu of surface parking rate of $3,750 per space ($7,500 * 50% = $3,750 taxes excluded). Eligibility The following eligibility criteria are used to evaluate a request for cash-in-lieu of parking in the Downtown Whitby CIPA: Development proposal is non-residential (i.e. retail, commercial, and office); Development is not able to provide/secure off-site parking within an acceptable walking distance of the site; It is not financially feasible to provide parking on site as part the development; and The addition of parking on site is determined to have negative urban design impacts. Municipal Investment The municipal investment for cash-in-lieu of parking is $97,500 annually or $390,000 over the life of the CIP By-law. Administration The application process for the Cash-in-lieu of Parking Program is as follows: a) Through the Site Plan submission, an owner/applicant requests to use the cash-in-lieu of parking provision. b) The owner/applicant provides a summary outlining how the development proposal qualifies/meets the eligibility criteria listed above. This can be submitted in conjunction with the Parking Study or as a separate document. c) Staff evaluates the request and confirms eligibility and complete application. d) Staff prepares the Site Plan Agreement including the cash-in-lieu of parking requirements and any associated conditions. e) The owner/applicant pays the required cash-in-lieu at the time the Site Plan Agreement is registered. f) Construction must be started within 1 year for which the Cash-in-Lieu of Parking CIP application was approved. Extensions may be granted at the discretion of the CIP Senior Leadership Team through a written request outlining the reasons for the extension.
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Schedule A to By-law # 7568-19
Tax Increment Equivalent Grant (TIEG) Tax Increment Equivalent Grant (TIEG) Within the Historic Downtown Whitby Priority Area, an overall 45% rebate on a declining basis over a five year period on the municipal tax increment for eligible non-residential (commercial and office) development or redevelopment is provided. Eligibility This program is limited to non-residential (commercial and office) development or redevelopment within the Historic Downtown Whitby Priority Area. In the case of a mixed use development, the grant only applies to the increase in assessment related to eligible uses. The TIEG only cover costs related to the Town’s portion of the property tax increment. Eligible projects must include: A minimum new development or expansion of an existing building of 232 square metres (2,500 square feet). New development may include reconstruction of a building that was demolished or lost more than 3 years. If there is minimal uptake within the Historic Downtown Whitby Priority Area within the first two years of the CIP By-law, the program may be expanded to the entire CIPA through a technical by-law amendment to the Implementation Guidelines. The following limitations apply: Only the property owner is eligible for the rebate. The program does not exempt property owners from an increase/decrease in municipal taxes due to a general tax rate increase/decrease or changes in tax legislation. The annual rebate is not based upon occupancy or changes in occupancy. All annual rebates are retroactively adjusted to reflect any assessment valuation changes resulting from assessment appeals, requests for reconsideration or other similar adjustment to the assessment value. Rebate payments will cease once the total rebate along with all other grants provided equals the eligible costs or after five years, whichever comes first. All levies related to the Downtown Whitby Business Improvement Area (BIA) or other similar levies are excluded from the calculation to determine the eligible amount of taxation. Where properties that are not previously subject to taxes are redeveloped, the base tax shall be based on the tax that would be applied to the land and building based on the current use.
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Schedule A to By-law # 7568-19
Evaluation Criteria The following criteria are used when reviewing and evaluating applications for the Tax Increment Equivalent Grant Program: a) The proposed development/redevelopment will provide additional commercial and/or office space in Downtown Whitby; b) The proposed development/redevelopment will result in additional tax revenue; c) The proposed development/redevelopment will result in a more complete streetscape; d) The proposed development/redevelopment will maximize the impact of the funding in terms of representing a comprehensive development or redevelopment of a building/property; e) The proposed development/redevelopment will meet requirements of the designation by-law if the building/property is designated under the Ontario Heritage Act; f) The owner/developer has experience in the field with similar size developments/redevelopments; g) The owner/developer has the financial ability to complete the identified work; and h) The proposed improvements are in accordance with all applicable policies, by-laws and building code requirements. Municipal Investment The TIEG incentive program is limited to a maximum of 9,755 square metres (105,000 square feet) of new assessment growth in the CIPA over the life of the CIP By-law. This will be monitored through the Site Plan Application process to track eligible development applications. The program ceases once the 9,755 square metres (105,000 square feet) of new assessment growth is achieved or the CIP program expires. The total value of grants and other incentives cannot exceed eligible costs of the development/redevelopment as per the requirements of the Planning Act. Administration The application process for the TIEG Program is as follows: a) Consult with the Application Review Team regarding the proposed project to ensure eligibility. b) The owner submits a completed application form at the time of Site Plan. The application must include the following information: Professional drawings/plans that provide sufficient detail to describe the proposed work including number, size, tenure and
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Schedule A to By-law # 7568-19
projected unit sale prices and/or rental rates of units to be constructed and construction drawings. If the scope of work requires additional approvals such as a Building Permit, more detailed drawings may be required, specific to the approval department or external agency. A written estimate of project construction costs, including a breakdown of said costs, from a qualified architect or contractor. c) The Application Review Team confirms eligibility, complete application and provides report to Council for approval for all development proposals. d) Pre-project municipal taxes are determined by the Town before commencement of the project at the time the application is reviewed. These base municipal property taxes are adjusted to reflect the actual property taxes for the year in which the work is completed. e) A letter is provided to the owner confirming eligibility is met. f) Applicable development approvals such as Site Plan, Building Permit, Heritage Permit or other requirements as necessary, must be obtained as part of the application. g) The owner is required to enter into a TIEG Agreement with the Town outlining any conditions as part of the application. In the event of sale, conveyance, transfer or entering into of any agreement of sale or transfer of the title of the Property, any future Grants will be terminated unless otherwise approved by Council. h) Any proposed deviations/changes from the approved drawings by the owner shall be discussed and approved by Town staff prior to undertaking the associated works. Any works completed that are not consistent with the approved drawings, without agreement from Town staff, are at risk of not receiving funding. i) Construction must be started within the 1 year from the date the TIEG application was approved. j) Extensions may be granted at the discretion of the Town through a written request outlining the reasons for the extension. k) The owner shall co-operate with MPAC to facilitate a post-improvement assessment of the property following completion of an eligible project. l) The Town determines the difference between the amount of Town taxes prior to the improvement and post-improvement. This difference is known as the “municipal tax increment” and shall be the portion eligible for a partial rebate under this program m) Rebates are issued over a 5 year period. This 5 year period is calculated effective for the first 60 months after MPAC has issued the supplemental/omitted assessment valuation, and is effective as of the date used by MPAC to reflect the increased assessment.
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Schedule A to By-law # 7568-19 n) All TIEG rebates are applied to the property tax account for tracking purposes. Property owners receive a written notification when the rebate has been processed. If property taxes are paid in full, the owner has the option to request a refund or leave the credit on their tax account to be used again future property taxes. o) Rebates are calculated and applied to the tax accounts within 120 days of the initial supplemental/omitted tax bill being issued and within 60 days of the final tax billing in each subsequent year. p) The rebate program does not reward poor stewardship. As a result, the Town of Whitby reserves the right to withhold payment of a grant to work/projects that are substandard or completed poorly; and/or inconsistent with the TIEG Agreement.
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Schedule A to By-law # 7568-19
Façade Improvement Grant Façade Improvement Grant in Historic Downtown Whitby Priority Area A Façade Improvement Grant equal to 50% of the costs of external improvements, up to a maximum of $10,000 per municipal street address, storefront or commercial unit, whichever is less, subject to an overall maximum of $30,000 per property for a building with multiple street addresses, storefronts or commercial units. Façade Improvement Grant outside Priority Area A Façade Improvement Grant equal to 50% of the costs of external improvements, up to a maximum of $7,500 per municipal street address, storefront or commercial unit, whichever is less, subject to an overall maximum of $22,500 per property for a building with multiple street addresses, storefronts or commercial units. Designated (Part IV or Part V) heritage properties outside of the Historic Downtown Whitby Priority Area in the CIPA are eligible for a grant equal to 50% of the costs up to a maximum of $10,000 per municipal street address, storefront or commercial unit, subject to an overall maximum of $30,000 per property for a building with multiple street addresses, storefronts or commercial units. Design Grant A Design Grant equal to 50% of the costs for professional design fees associated with a Façade Improvement Grant, Sign Grant and/or Interior Heritage Building Grant project up to a maximum of $2,000 per municipal street address, storefront or commercial unit for properties within the CIPA. This grant is provided in addition to the grants available as part of the Façade Grant, Sign Grant and/or Interior Heritage Building Grant. Eligibility These grants are available for existing buildings that are commercially or institutionally zoned properties in the CIPA. Grants apply to eligible building improvements to the front and side facades visible from the street. Eligible projects include: Structural/safety replacement and repair for exterior facade; Repair/replacement of windows, doors, storefronts, awnings, canopies, cornices, eaves, parapets and other architectural features; Installation or repair of exterior lighting; Cleaning/painting of facades visible from adjacent streets and public walkways; Repair/restore historic masonry;
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Schedule A to By-law # 7568-19
Entrance modifications, including the installation of ramps for accessibility purposes; Repair of facades visible from adjacent streets and public walkways; Landscaping such as walkways, planters and permanent plantings; Exterior fire safety upgrades to code; Water/flood/weather proofing; Structural repairs to exterior walls and foundations; Installation, repair or reinstall of cable, telephone, fibre and other service- specific installations to support business development and growth to the Historic Downtown Whitby Priority Area; and, Other capital improvements which the Town, in its sole discretion, determines are important to incorporate as an integral part of the total façade improvement design. The following types of projects are ineligible: New construction (unless signage see Section 6); Roof repairs / replacement (unless considered a decorative element) at the discretion of the Town; General maintenance and repairs at the discretion of the Town; Security systems; Insulation; Sandblasting and high-pressure water blasting of brick; Painting historic masonry; Driveway paving / widening for parking areas; Manufacturing of commemorative plaques; and Interior window coverings. The following limitations apply: A property owner/tenant of a given property may only apply for a façade improvement and design grant once every five years. Funds may be advanced prior to the five year timeline at the discretion of the Town if the application uptake is low for a particular year. This will be reviewed in September of each calendar year. Eligible grant amount(s) are based on costs exclusive of HST. Evaluation Criteria The following criteria are used when reviewing and evaluating applications for building improvements:
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Schedule A to By-law # 7568-19 a) The improvement is sensitive to existing streetscape with respect to proportions, materials, colour, signage and architectural detail; b) The improvement meets requirements of the designation by-law if the building is designated under the Ontario Heritage Act; c) The improvement results in a comprehensive renovation of the façade leading to significant overall positive impact to the aesthetic qualities of the area; d) The improvement results in restoration/preservation of original façade features (i.e. glazing, storefronts, doorways); e) The improvement uses original or similar materials and historic colours where feasible; f) The improvement represents a significant restoration of a key heritage building (listed or designated); g) The contractor(s) has experience working on heritage facades and ability to complete the identified work(s); and h) The proposed improvements are in accordance with identified design policies, by-laws and building code requirements. Municipal Investment A joint fund is provided for the Façade Improvement Grant, Design Grant, Sign Grant, and Interior Heritage Building Grant Programs. The total municipal investment allocated to the Façade Improvement Grant, Design Grant, Sign Grant and Interior Heritage Building Grant is $127,500 per year ($510,000 over the four year duration of the CIP program). This allocation includes the existing Brooklin Community Improvement Plan (i.e. Façade Improvement and Design Grant Programs). Administration Applications are received on a first-come, first-serve basis until the total municipal investment has been reached. In cases where the municipal investment has been reached, applicants may be contacted and invited to re- submit an application if and when the municipal investment is increased by Council. The application process for the Façade Improvement and Design Grant Programs is as follows: a) Consult with Staff regarding the proposed project to ensure eligibility prior to submitting the application. b) The applicant submits a completed application form prior to any work being undertaken. The application must include the following information: A photograph of the existing façade. Two quotes for the estimated work(s) from qualified contractor(s). The cost estimate(s) should break out the cost for labour and
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Schedule A to By-law # 7568-19
material by type of improvement in order for staff to fully understand the scope of work and the costs involved. (Note: that if the applicant is the contractor, a second estimate is still required). One quote for the design professional engaged to provide design services where applicable. Attach drawings/sketches, manufacturer information, building product information of proposed improvements. Drawings/sketches must indicate what areas of the facade are to be cleaned, repaired, painted, rebuilt, resurfaced, replaced, etc., or what new features will be installed. c) Staff confirms eligibility and complete application. d) A letter is provided to the owner/applicant confirming eligibility is met and outlining an estimate of the eligible grant(s). e) Applicable development approvals such as Building Permit, Heritage Permit, Road Occupancy Permit or other requirements as necessary, must be obtained as part of the application. f) Any proposed deviations/changes from the approved drawings by the applicant shall be discussed and approved by Town staff prior to undertaking the associated works. Any works completed that are not consistent with the approved drawings, without agreement from Town staff, are at risk of not receiving funding. g) Construction must be completed within the calendar year (i.e. before December 31) from the date the application was approved. h) Extensions may be granted at the discretion of the Town through a written request outlining the reasons for the extension beyond December 31. i) The approved grant cheque amount for construction costs are issued to the applicant when construction is completed, contractors have been paid, invoices submitted to the Town and a site inspection has occurred to confirm the work was completed in accordance with the approved application. j) The grant program does not reward poor stewardship. As a result, the Town of Whitby reserves the right to withhold payment of a grant to work/projects that are substandard or completed poorly; inconsistent with the Façade Grant Application; or that requires a building permit and inspections have not been conducted.
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Page 276 of 283 Agenda Item # 10.8
Schedule A to By-law # 7568-19
Sign Grant Sign Grant in CIPA For projects that meet the Town’s Permanent Sign By-law and associated heritage sign guidelines, a grant equal to 50% of the cost of signage and associated lighting is provided, up to a maximum of $2,000. Eligibility This grant is available for existing and new buildings that are commercially or institutionally zoned properties in the CIPA. Eligible projects include: Construction and Installation of new signage including the use of frosted glass, projecting signs and/or appropriate window signs; Refurbishment of existing signage; and Decorative lighting improvements associated with signage. The following types of signs are ineligible: Internally illuminated signs; “Open” signs (electronic); Hours of Operation signs (electronic); Digital signs; and Temporary signs. The following limitations apply: An owner or tenant of a given property may only apply for a Sign Grant once every five years, unless ownership or tenancy changes. In this instance, within the five-year period the new owner or tenant may be eligible for a Sign Grant equal to 50% of the costs of the improvements, up to a maximum of $1,000. Eligible grant amount(s) are based on costs exclusive of HST. Evaluation Criteria The following criteria are used when reviewing and evaluating applications for signage: a) The sign is sensitive to the existing building and streetscape with respect to scale, proportions, and architectural detail; b) The sign is placed in a traditional location such as above the storefront or a ground sign; c) The sign uses traditional/authentic materials, historic colours and appropriate font or letter styles where feasible; d) The sign meets requirements of the designation by-law if the building is designated under the Ontario Heritage Act;
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Page 277 of 283 Agenda Item # 10.8
Schedule A to By-law # 7568-19 e) The sign is in accordance with provisions in the Sign By-law and heritage sign guidelines. Municipal Investment A joint fund is provided for the Façade Improvement Grant, Design Grant, Sign Grant, and Interior Heritage Building Grant. The total municipal investment allocated to the Façade Improvement Grant, Design Grant, Sign Grant and Interior Heritage Building Grant is $127,500 per year ($510,000 over the four year duration of the CIP program). This allocation includes the existing Brooklin Community Improvement Plan (i.e. Façade Improvement and Design Grant Programs). Administration Applications are received on a first-come, first-serve basis until the total municipal investment has been reached. In cases where the municipal investment has been reached, applicants may be contacted and invited to re- submit an application if and when the municipal investment is increased by Council. The application process for the Sign Grant Program is as follows: a) Consult with Staff regarding the proposed project to ensure eligibility prior to submitting the application. b) The applicant submits a completed application form prior to any work being undertaken. The application must include the following information: A photograph of the existing sign (if applicable) and/or building façade where the sign will be installed; Two quotes for the estimated work from the sign company and/or lighting contractor; Attach drawings/sketches, manufacturer information, product information of proposed sign/lighting. Drawings/sketches must indicate sign/lighting placement on building, dimensions, colours etc. or how the existing sign will be refurbished. c) Staff confirms eligibility and complete application. d) A letter is provided to the owner/applicant confirming eligibility is met and outlining an estimate of the eligible grant. e) Applicable development approvals such as Building Permit (sign permit), Heritage Permit, Road Occupancy Permit or other requirements as necessary, must be obtained as part of the application. f) Any proposed deviations/changes from the approved drawings by the applicant shall be discussed and approved by Town staff prior to undertaking the associated works. Any works completed that are not consistent with the approved drawings, without agreement from Town staff, are at risk of not receiving funding.
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Page 278 of 283 Agenda Item # 10.8
Schedule A to By-law # 7568-19 g) Construction must be completed within the calendar year (i.e. before December 31) from the date the application was approved. h) Extensions may be granted at the discretion of the Town through a written request outlining the reasons for the extension beyond December 31. i) The approved grant cheque amount for signage are issued to the applicant when the sign/lighting is installed, contractors have been paid, invoices submitted to the Town and a site inspection has occurred to confirm the work was completed in accordance with the approved application. j) The grant program does not reward poor stewardship. As a result, the Town of Whitby reserves the right to withhold payment of a grant to work/projects that are substandard or completed poorly; inconsistent with the Sign Grant Application; or that requires a building permit and inspections have not been conducted.
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Page 279 of 283 Agenda Item # 10.8
Schedule A to By-law # 7568-19
Interior Heritage Building Grant Interior Heritage Building Grant The Interior Heritage Building Grant covers 50% of the costs of internal improvements, to a maximum of $10,000 for listed or designated heritage properties within the Historic Downtown Whitby Priority Area as well as designated heritage properties outside the Priority Area within the larger CIPA. Eligibility This grant is limited to designated and/or listed heritage properties (as per the Ontario Heritage Act) within the Historic Downtown Whitby Priority Area and designated properties in the larger CIPA that are commercially or institutionally zoned. The grant also applies to the residential portion of a mixed use commercially zoned property. Eligible projects include: Interior modifications to provide barrier-free accessibility; Installation/upgrading of fire protection systems; Structural repairs to walls, ceilings, floors and foundations; Water, flood, weatherproofing; Extension/upgrading of plumbing and electrical services for the creation of retail and office spaces; Required improvements to heating and ventilations systems; Interior works specifically referred to in the Reasons for Designation of a designated property, including but not limited to: woodwork, plasterwork, wall or ceiling murals, or metal work and other decorative features; Comprehensive improvements to building systems for the purpose of activating previously unused space or to make the buildings more attractive to potential leasers; and Other similar repairs/improvements related to health and safety issues, as may be approved by the Town. The following types of projects/works are ineligible: General maintenance and repair; Security systems; and New additions or construction. The following limitations apply: Proposed works under $1,000 per property are not eligible. An owner of a given property may only apply for an Interior Heritage Building Grant once every five years.
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Page 280 of 283 Agenda Item # 10.8
Schedule A to By-law # 7568-19
Funds may be advanced prior to the five year timeline at the discretion of the Town if the application uptake is low for a particular year. This will be reviewed in September of each calendar year. If cost estimates appear unreasonable or incomplete, staff may require further documentation or a new cost estimate. Eligible grant amount(s) are based on costs exclusive of HST. Evaluation Criteria The following criteria are used when reviewing and evaluating applications for the Interior Heritage Building Grant Program: a) The proposed eligible improvements maximize the impact of the funding in terms of representing a comprehensive renewal of a building, its systems and interior space; b) The project includes more than one of the eligible items as part of the renovation; c) The project represents a significant restoration of a key heritage building (listed or designated); d) The improvements meet requirements of the designation by-law if the building is designated under the Ontario Heritage Act; e) The contractor(s) has experience working on heritage buildings and ability to complete the identified work(s); and f) The improvements are in accordance with all applicable by-laws and building code/fire code requirements. Municipal Investment A joint fund is provided for the Façade Improvement Grant, Design Grant, Sign Grant, and Interior Heritage Building Grant. The total municipal investment allocated to the Façade Improvement Grant, Design Grant, Sign Grant and Interior Heritage Building Grant is $127,500 per year ($510,000 over the four year duration of the CIP program). This allocation includes the existing Brooklin Community Improvement Plan (i.e. Façade Improvement and Design Grant Programs). Administration Applications are received on a first-come, first-serve basis until the total municipal investment has been reached. In cases where the municipal investment has been reached, applicants may be contacted and invited to re- submit an application if and when the municipal investment is increased by Council. The application process for the Interior Heritage Building Grant Program is as follows:
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Page 281 of 283 Agenda Item # 10.8
Schedule A to By-law # 7568-19 a) Consult with Staff regarding the proposed project to ensure eligibility and whether any necessary permits or other approvals are required prior to submitting the application. b) The applicant submits a completed application form prior to any work being undertaken. The application must include the following information: Photograph documentation of area of work for the proposed project. Two quotes for the estimated work(s) from a qualified contractor(s). The cost estimate(s) should break out the cost for labour and material by type of improvement in order for staff to fully understand the scope of work and the costs involved. (Note: that if the applicant is the contractor, a second estimate is still required). Professional drawings/plans that provide sufficient detail to describe the proposed work. (Note: If the scope of work requires additional approvals such as a Building Permit, more detailed drawings may be required, specific to the approval department or external agency). c) If cost estimate appears unreasonable or incomplete, staff may require further documentation or a new cost estimate. With respect to heritage resources, the applicant is strongly encouraged to utilize a contractor that has expertise and experience with heritage buildings. d) The Application Review Team confirms eligibility and complete application. e) A letter is provided to the owner/applicant confirming eligibility is met and outlining an estimate of the eligible grant. f) Applicable development approvals such as Building Permit, Heritage Permit, Road Occupancy Permit or other requirements as necessary, must be obtained as part of the application. g) Any proposed deviations/changes from the approved drawings by the applicant shall be discussed and approved by Town staff prior to undertaking the associated works. Any works completed that are not consistent with the approved drawings, without agreement from Town staff, are at risk of not receiving funding. h) Construction must be completed within the calendar year (i.e. before December 31) from the date the application was approved. i) Extensions may be granted at the discretion of the Town through a written request outlining the reasons for the extension beyond December 31. j) The approved grant cheque amount for construction costs are issued to the applicant when construction is completed, contractors have been paid, invoices submitted to the Town and a site inspection has occurred to confirm the work was completed in accordance with the approved application and/or permits.
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Page 282 of 283 Agenda Item # 10.8
Schedule A to By-law # 7568-19 k) The grant program does not reward poor stewardship. As a result, the Town of Whitby reserves the right to withhold payment of a grant to work/projects that are substandard or completed poorly; inconsistent with the Interior Heritage Building Grant Application; or that requires a building permit and inspections have not been conducted.
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