Planning and Development Committee Meeting Agenda May 20, :00 PM Council Chambers Whitby Municipal Building. Page

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1 Planning and Development Committee Meeting Agenda May 20, :00 PM Council Chambers Whitby Municipal Building Page 1. Declarations of Pecuniary Interest 2. Delegations/Presentations 3. Correspondence 4. Public Meetings 5. Staff Reports 5.1 Planning and Development Department Report, PL Re: Zoning By-law Amendment Application - Cam Von Eschscholtz (Z-03-14) 184 Way Street 3-23 Recommendation: 1. That Council approve Zoning By-law Amendment Application Z subject to the comments and conditions contained in Section 8.0 of Report PL 33-14; and, 2. That the Zoning By-law Amendment be brought forward for Council s consideration. 5.2 Planning and Development Department Report, PL Re: Public Consultation on Provincial Legislative Review: Accessible Customer Service Standard Recommendation: That this report be received for information. 5.3 Planning and Development Department Report, PL Re: Application to Amend Town of Whitby Zoning By-law No to permit a Supermarket on the subject property and to reduce the commercial parking requirement for a retail plaza Canada Inc. (Z-17-13) North-east Corner of Taunton Road East and Garden Street Recommendation: 1. That Council approve zoning application (Z-17-13), subject to the conditions contained in Section 8.0 of Planning Report PL 35-14; and 2. That any necessary by-law be presented for Council s approval. 5.4 Planning and Development Department Report, PL Page 1 of 84

2 Planning and Development Committee Agenda May 20, :00 PM Page Re: Site Plan Application - Mach 1 Oil Change (SP-03-14) 804 Brock Street North Recommendation: 1. That Council approve site plan application (SP-03-14) subject to the conditions of approval contained in Section 8.0 of Planning Report, PL 36-14; 2. That the subject property presently owned by Mach 1 Oil Change be amalgamated with the adjacent ownership of Carwash Central Ontario Inc.; 3. That the lease between the Town and Carwash Central Ontario Inc. over part of the unopened and untravelled Willis Avenue being Part 1 on Plan 40R be terminated and replaced with an access agreement to be registered on title of the unopened road allowance and the subject property; 4. That Council grant an easement in favour of Carwash Central Ontario Inc. over Part 1 on a draft reference plan for the purpose of constructing a driveway to permit motor vehicles to exit the subject property without having direct access to Brock Street North; and, 5. That the Mayor and Clerk be authorized to execute any necessary documents. 5.5 Planning and Development Department Report, PL Re: Public Consultation on Provincial Legislative Review: Accessibility for Ontarians with Disabilities, Recommendation: That this report be received for information. 6. New and Unfinished Business 6.1 New and Unfinished Business - Planning and Development Committee Adjournment Page 2 of 84

3 Agenda Item # 5.1 Town of Whitby Report Recommendation Report Report to: Planning and Development Committee Date of meeting: May 20, 2014 Prepared by: Planning and Development Department Report number: PL File number(s): Z Location: 184 Way Street Report title/subject: Zoning By-law Amendment Application Cam Von Eschscholtz 1. Recommendation: That Council approve Zoning By-law Amendment Application Z subject to the comments and conditions contained in Section 8.0 of Report PL 33-14; and, That the Zoning By-law Amendment be brought forward for Council s consideration. 2. Executive summary: A Zoning By-law Amendment Application has been submitted to change the zone category on the west portion of 184 Way Street from R2-BP (Residential Brooklin Plan) to R2B*-WS (Residential Wide Shallow) with the following exceptions: to increase the permitted lot coverage from 42.5% to 45% for dwelling units greater than one storey in an R2B*-WS zone to reduce the minimum required interior side yard from 1.2 metres to 1.0 metre for dwelling units greater than one storey in an R2B*-WS zone to reduce the minimum required lot depth from 27 metres to 26.5 metres for the northern lot in an R2B*-WS zone The purpose of the application is to accommodate two additional lots at 184 Way Street (refer to Attachment #1) which will front Montgomery Avenue, while retaining the existing dwelling on a lot fronting Way Street. The two new dwellings are proposed to be one and one half storey bungalofts. The Planning and Development Department recommends that the west portion of the property be zoned R2B*-WS with an exception to permit maximum lot Page 3 of 84

4 Agenda Item # 5.1 Report to: Planning and Development Committee Report number: PL Page 2 of 10 coverage of 45% and maximum building height of 7.5 metres with no windows or openings onto the rear yard above the first storey (main floor). The Planning and Development Department does not recommend a reduced lot depth or interior side yard setback. 3. Origin: The Planning and Development Department is in receipt of a Zoning By-law Amendment Application for the subject property. 4. Background: A pre-consultation meeting was held on February 13, 2013 in accordance with Town of Whitby Pre-consultation By-law and the Planning Act. A Zoning By-law Amendment Application (Z-03-14) was submitted on March 6, 2014 by Cam Von Eschscholtz. The purpose of the Zoning By-law Amendment Application is to accommodate two additional lots on the west portion of 184 Way Street which will front Montgomery Avenue (refer to Attachment #1). The two new lots are proposed to be square metres (4, square feet) and square metres (4, square feet) in size respectively. The existing dwelling will continue to be zoned R2-BP and will be retained on a 1, square metre (11, square foot) lot fronting Way Street (refer to Attachment #4). The two new dwellings are proposed to be bungalows with second storey lofts ( bungalofts ). The application requests to change the zone category on the rear portion of 184 Way Street from R2-BP to R2B*-WS with the following exceptions: to increase the permitted lot coverage from 42.5% to 45% for dwelling units greater than one storey in an R2B*-WS zone to reduce the minimum required interior side yard from 1.2 metres to 1.0 metre for dwelling units greater than one storey in an R2B*-WS zone to reduce the minimum required lot depth from 27 metres to 26.5 metres for the northern lot in an R2B*-WS zone Land Division Applications LD 110/2009 and LD 111/2009 were submitted to the Region of Durham Land Division Committee on September 9, 2009 to request permission to sever two lots from 184 Way Street. The applications have been tabled at the request of the applicant and are pending approval by the Region of Durham Land Division Committee subject to the zoning amendment request being approved by Council. The following report was submitted in support of the application: Noise Impact Study prepared by D.G. Biddle & Associates Limited dated June Page 4 of 84

5 Agenda Item # 5.1 Report to: Planning and Development Committee Report number: PL Page 3 of 10 Site Review Site Location Site Size Present Use Proposed Use Region of Durham Official Plan Designation Town of Whitby Official Plan Designation Present Zone Category Proposed Zone Category for new lots Land uses to the north Land uses to the east Land uses to the south Land uses to the west Part Lot 26, Concession 6, municipally known as 184 Way Street (refer to Attachment #1) 0.20 hectare (0.49 acre) Single detached dwelling Retain existing single detached dwelling and construct two new single detached dwellings on two new lots fronting Montgomery Avenue Living Area Low Density Residential (refer to Attachment #2) R2-BP Residential Brooklin Plan under Bylaw 1784, as amended (refer to Attachment #3) R2B*-WS Residential Wide Shallow under By-law 1784, as amended, with exceptions to the zone category provisions. Single detached dwellings, Provincial Greenbelt Single detached dwellings, open space Single detached dwellings Single detached dwellings 5. Discussion/Options: Second Storey Restrictions on Montgomery Avenue Way Street is at a lower elevation than the adjacent Montgomery Avenue, which results in existing older homes being located downhill from new modern homes which have steeply-pitched roofs and larger building massing. As part of previous approvals on Montgomery Avenue, dwellings backing onto Way Street were restricted to the construction of dwellings with a maximum height of 7.0 metres and Page 5 of 84

6 Agenda Item # 5.1 Report to: Planning and Development Committee Report number: PL Page 4 of 10 no windows or openings onto the rear yard above the first storey (main floor) of any building, in order to address privacy concerns of the residents on Way Street. Four additional lots were created through Land Division at 176 and 180 Way Street with a Minor Variance allowing one and one half storey dwellings with no windows or openings onto the rear yard above the first storey (main floor) of any building and a maximum building height of 7.5 metres (refer to Attachment #1). The Planning and Development Department suggests that should approval be granted, that the amending zoning by-law permit one and one half storey dwellings with a building height restricted to 7.5 metres and that no windows or openings be permitted onto the rear yard above the first storey (main floor) of any building, as has been approved for the lots to the south. Proposed Lot Dimensions The Planning and Development Department notes that the Land Division Applications (LD 110/2009 and LD 111/2009) to create the proposed lots have not yet been approved, so modifications can be made to the proposed lot dimensions. It is noted that the lot depth of the proposed north lot can be increased from 26.5 metres to 27 metres in order to comply with the requested R2B*-WS zone provisions, and the retained lot will continue to comply with the R2-BP zone provisions. The applicant has requested that the two new lots be zoned R2B*-WS to accommodate shallow lots. The R2B*-WS allows a maximum lot coverage of 42.5% for dwellings greater than one storey. The lots to the south are zoned R2B* which allows a maximum lot coverage of 40% for dwellings greater than one storey. The applicant has requested to increase the lot coverage from 42.5% to 45% for dwellings greater than one storey. The applicant has also requested to reduce the minimum interior side yard from 1.2 metres to 1.0 metre for dwellings greater than one storey. The Ontario Building Code (OBC) requires a setback of 1.2 metres from a lot line to a window, therefore no windows could be installed in the side yards of the dwelling if a 1.0 metre setback is approved. In addition to the OBC restriction, the Planning and Development Department recommends that there be no windows in the rear yard above the first storey, as has been approved for adjacent dwellings. The restriction of no windows in the side yards of the dwelling and no windows in the rear yard above the first storey could restrict the usability of the space within the dwelling unit, because a window is required in certain types of rooms, such as bedrooms, as outlined in the OBC. A summary of the proposed R2B*-WS zoning compared to the adjacent R2B*-6 zone can be found below: Page 6 of 84

7 Agenda Item # 5.1 Report to: Planning and Development Committee Report number: PL Page 5 of 10 Zone Provision Category R2B*-WS Zone Provisions Requested Amendment to R2B*-WS R2B*-6 Zone Provisions for Lots to the South Maximum lot coverage for a dwelling unit greater than one storey 42.5% 45% 40% Minimum interior side yard setback for a dwelling unit greater than one storey 1.2 metres 1.0 metre* *Note: the Ontario Building Code requires 1.2 metres from a window to a property line 1.5 metres Minimum lot depth 27 metres 26.5 metres 30 metres 6. Public communications/plan: An Introductory Public Information Meeting was held in accordance with the Whitby Official Plan and the Planning Act on April 7, This meeting provided the public and interested persons and agencies the opportunity to make representation in respect of the Zoning By-law Amendment Application. Notice of the May 20, 2014 meeting was mailed to all interested parties at least 14 days prior to the meeting. 7. Considerations: 7.1. Public Minutes of Planning and Development Committee meeting April 7, 2014 R. Short, Commissioner of Planning introduced the report and provided an overview. The Chair called for public submissions. Peter Von Eschscholtz, 42 Cassels Road East, Proponent for the application appeared before the Committee and advised that his only concern was the reduction of the depth of one of the lots by half a metre. Ron Routh, 289 Montgomery Avenue, appeared before the Committee and stated that he had concerns about the status of the maple tree on the edge of the property that would be affected by putting a driveway on the south side Page 7 of 84

8 Agenda Item # 5.1 Report to: Planning and Development Committee Report number: PL Page 6 of 10 which was part of the initial plan that was submitted. Mr. Routh further stated that he had been advised by the Proponent that the driveway would be built on the other side so that the tree would not be affected and he was pleased with this change in the plans. He further stated that it was integral to ensure that the mature cedar trees at the rear of the property would be protected and addressed concerns about the property being built within one metre of the property line and suggested that 1.25 metres would be a better distance for safety and aesthetic purposes. There were no further public submissions. Brief discussion ensued regarding the size of rear yard on the properties. R. Short, Commissioner of Planning, advised that the rear yards would be a minimum of 7.5 metres. Written Correspondence (refer to Attachment #5) Written correspondence was received on March 28, 2014 from Ron and Jacqueline Routh who live at 289 Montgomery Avenue and support the construction of a bungalow or bungaloft dwelling, but expressed concerns about the following: concerned about the existing trees which are located along the shared property line and wish to be preserved (one maple tree at the front of the private property and several mature cedar and deciduous trees at the rear of the private property) concerned about the existing drainage problems from 184 Way Street which has resulted in a thick layer of ice forming on the public sidewalk adjacent to 289 Montgomery Avenue do not support the proposed reduction of the interior side yard setback concerned about the existing well, septic and/or underground oil storage at 184 Way Street being damaged by construction leading to safety, environmental and health concerns concerned about damage to the property at 289 Montgomery Avenue by the new construction and/or trespass onto their property by construction workers concerned that the proposed lots are too small to accommodate two new dwellings request a wrought-iron fence on the shared property line. (The Planning and Development Department notes that no fencing is required by the Town. Any line fencing to be installed is a private matter between property owners.) Written correspondence was received on April 10, 2014 from Jeff Solly, Director of Land Development at Sorbara Development Group. Sorbara/Tribute Holdings Inc. installed the road (Montgomery Avenue) and services which benefit the subject lands. Montgomery Avenue has not yet been assumed by the Town. Sorbara/Tribute Holdings Inc. requests that the applicant enter into an agreement with Sorbara/Tribute Holdings Inc. respecting the cost share of the road and services, provide securities in Page 8 of 84

9 Agenda Item # 5.1 Report to: Planning and Development Committee Report number: PL Page 7 of 10 favour of Sorbara/Tribute Holdings Inc. for any damage to the road and services and receive approval from Sorbara/Tribute Holdings Inc. prior to proceeding with servicing works within Montgomery Avenue. This matter will be left to private negotiation in that the road has not been assumed by the Town. The Town will not issue a building permit until release is provided by Sorbara or until the road is assumed by the Town Financial Not applicable. Impact on and input from other Departments/Sources The following agency has advised that there are no concerns with the proposed Zoning By-law Amendment Application: Whitby Fire and Emergency Services Region of Durham Planning Department Conformity to the Regional Official Plan The subject land is designated Living Areas in the Regional Official Plan (ROP). Residential infilling developments are permitted in the Living Areas designation. This application conforms to the ROP. Delegated Provincial Plan Review Responsibilities Through the Region s review of the Consent Applications, the subject land was screened for delegated Provincial Plan review responsibilities. Noise Impact Study Columbus Road West which is designated as a Type B Arterial Road is located north of the subject land. A Noise Impact Study prepared by D.G. Biddle Assoc. Ltd., dated June 25, 2013 was submitted to support the consent applications. The recommended noise attenuation measures of the noise study complies with the Ministry of Environment s noise criteria. The applicant must implement the noise provisions of the noise study in a site plan/development agreement with the Town of Whitby to the satisfaction of the Region. Regional Servicing The existing house is currently connected to the Regional water supply and sanitary sewer systems. The two new houses proposed for development fronting Montgomery Avenue will be connected to the Region s water supply and sanitary sewer systems. These services will be installed through a Quote Contract, as part of the related consent approval process. Page 9 of 84

10 Agenda Item # 5.1 Report to: Planning and Development Committee Report number: PL Page 8 of 10 The applicant will be responsible for the payment of all applicable Regional Development Charges. All Regional concerns, financial and otherwise will be addressed with the applicant through the consent and the Quote Contract process. Whitby Public Works Department The Public Works Department has no objections to the above noted application. The Public Works Department has some concerns with the increase in the lot coverage as this will increase the amount of run-off directed to the storm sewer system. As these lots are at the upper reaches of this sewer system and are comparatively small to the entire drainage area, the Public Works Department can accept this increase. The Public Works Department notes that the storm sewer system on Montgomery was designed to have the existing lot drain to Montgomery and not to the south as indicated on the grading drawing. The grading will have to be modified to direct the water along the south limit of the southerly severed lot to Montgomery Avenue. As was noted before through the Land Division Application, Montgomery Avenue has not been assumed by the Municipality and any works on the street will have to be arranged through the Developer. Whitby Hydro Energy Services Corporation Whitby Hydro has no objection to the applicant s zoning by-law amendment application. The applicant or its authorized representative shall consult with Whitby Hydro concerning the availability of supply voltage, service location, metering, costs and any other details. These requirements are separate from and in addition to those of the ESA. Whitby Hydro will complete a Service Layout and confirm, in writing, the characteristics of the available electrical supply and will designate the location of the supply point to the applicant. Whitby Hydro will also identify the costs that the applicant will be responsible for. The applicant or its authorized representative shall apply for new or upgraded electrical services and temporary power service in writing. The applicant is required to provide Whitby Hydro with sufficient lead-time in order to ensure: The timely provision of supply to new and upgraded premises; and/or The availability of adequate capacity for additional loads to be connected in the existing premises A minimum of 3 metres of clearance must be maintained from existing overhead conductors, which applies to all structures, equipment and people Corporate and/or Department strategic priorities Not applicable. Page 10 of 84

11 Agenda Item # 5.1 Report to: Planning and Development Committee Report number: PL Page 9 of Summary and conclusion: The Planning and Development Department recommends that Council approve Zoning By-law Amendment Application Z to change the zone category on the rear portion of the lot from R2-BP to R2B*-WS and that an appropriate Zoning By-law Amendment be brought forward for consideration by Council, in accordance with the following conditions of approval listed below. The cost sharing arrangements towards the urbanization of Montgomery Avenue is a matter to be resolved between Sorbara and the property owner. Conditions of Approval That the request to reduce the minimum lot depth and interior side yard requirements not be approved. The amending Zoning By-law to change the west portion of the lot from R2- BP to R2A*-WS with an exception to permit maximum lot coverage of 45% and maximum building height of 7.5 metres with no windows or openings onto the rear yard above the first storey (main floor) be approved. The proposed lot configuration in Land Division Applications LD 110/2009 and LD 111/2009 shall be revised to accommodate a minimum lot depth of 27 metres for the two proposed new lots fronting Montgomery. The recommendations of the Noise Impact Study shall be implemented by the Region of Durham through the Land Division Application process. 9. Attachments: Attachment #1: Location Sketch Attachment #2: Excerpt from Official Plan Schedule A Attachment #3: Excerpt from Zoning By-law 1784 Map Attachment #4: Site Plan Attachment #5: Public Correspondence For further information contact: Lauren Taylor, extension 2318 Page 11 of 84

12 Agenda Item # 5.1 Report to: Planning and Development Committee Report number: PL Page 10 of 10 Original Approved and Signed. Robert B. Short, Commissioner of Planning, extension 4309 Original Approved and Signed. Robert Petrie, Chief Administrative Officer, extension 2211 Page 12 of 84

13 Agenda Item # 5.1 Attachment #1 PL Subject Land Applicant's total holdings Maximum building height 7.5m and no windows or openings above the first storey to the rear yard. Maximum building height 7.0m and no windows or openings above the first storey to the rear yard. Town of Whitby Planning and Development Department Applicant File Number Date Cam von Eschscholtz Z March 2014 Page 13 of 84

14 Attachment #2 Agenda Item # 5.1 PL Subject Land M S M LP M M S LP Page 14 of 84

15 Attachment #3 Excerpt from Zoning By-law 1784 Agenda Item # 5.1 PL Town of Whitby Planning and Development Department Applicant File Number Date Cam von Eschscholtz Z March 2014 Page 15 of 84

16 AREA FRONT YARD SETBACK PART 1 PART 2 R26* WS R28* WS m ' m ' 4.50m 4.50m 1.00m 1.00m 1.00m 1.00m 7.50m 7.50m % 42.5% 42.5% PART 3 DWELLING R2 BP Sm ' 13.66m 10.18m 5.04m 9.57m 16.5% 74.5% " z 2 I g :;; ;:;. Attachment #4 PL33-14 Agenda Item # CD (JJ o- CD '< Cll *.. ::::l 3<0 --. o o_<:n!;a-o CD (I)::::l CD ;::+ ::::l c;ur;:::;: -o :::r 0 --t, OJ +:>. - SITE STATISTICS ZONING e: (/') )... [5 12 I I I I PART // ( ()}/ ( ( I I -" L=:::o,7== J.-< SIDE YARD SETBACK SIDE YARD SETBACK REAR YARD SETBACK COVERAGE BUNGALOW/BUNGALOFT 2 STOREY DWELLING LANDSCAPED AREA G PART 2 I 7 ( 7 ) 1 28.so I I>' "' -.J Jo Page 16 of 84 (0 CONCEPTUAL SITE PLAN

17 Attachment #5 Agenda Item # 5.1 PLANNING & DEVELOPMENT Page One of Two Re: File# Z March 26, 2014 File Concerns filed by: Owners of 289 Montgomery Ave., Whitby Propetiy directly south of new plan for 184 Way St PL MAR DEPARTMENT En-kre&b qn BUILDING LOT ISSUES In the new survey sent to the neighbours of 184 Way Street the driveway of Pmi 2 needs to be to the north side of Part 2 since at the south it will have an unacceptable impact on 289 Montgomery A venues property including a negative impact on the existing Maple Tree (conveniently missed by the surveyor). The mature tree on the prolongation of the lot line appears to be about 1/3 on Part 2 and 2/3's on 289 Montgomery Avenue (see attached photo) There is already a severe drainage issue from that part of Part 2 (see attached photo) Of A substantial swale is needed on the south side of Part 2 in order to protect 189 Montgomery from flooding and to carry melting and runoff which is now causing deep layered icing on the existing sidewalk and running in front of289 Montgomery The survey does show the existing boulevard trees to be replaced The more southerly boulevard tree has been fed and nmiured by the owners of 289 Montgomery The applicants survey again has many trees but conveniently disregm ds the stand of mature cedm (and some deciduous) trees on the rear pmi of the south property line running 7 79 meters with an existing chain link fence in the middle per the survey of 289 Montgomery Ave. (see attached copy of survey). We do not want to see any of the existing trees nor their root based damaged or disturbed These trees were a purchasing feature of this prope1iy As professional Realtors we see the trees as true value to the salability of our home 1 meter to the building lot line is too tight. We currently have 1.25 meters barely allows room to walk. We feel it should be at least 1.25 meters building to lot line in order for construction to not encroach on our propetiy 1 meter would also make property maintenance nem ly impossible unless it was a gabled end At 1 meter with eaves it would be impossible to work on plus leave us with a potential fire hazard with eaves even closer to our home! ENVIRONMENTAL ISSUES The age of 184 Way Street could have buried well, septic tank and/or underground oil storage that could be disturbed by any construction Any of these can be safety, health or environmental concerns Have these been investigated by all the appropriate authorities? Page 17 of 84

18 Agenda Item # 5.1 Page two File# Z STREET ASTHETICS All homes on Montgomery and Montana backing to addresses on Way Street are bungalows or bungalofts. Most south from 289 Montgomery are bungalows. Allowing anything else would negatively affect the streets continuity and adversely affect the market value. FENCING We chose not to fence the north side of our property since it was siding to an open lot but we would want a fence matching the wrought iron fence existing on the south side at the subdividers expense from the existing fence in the trees to 2 feet east of our air conditioner. REPAIRS AND DAMAGE Any and all repairs and or damage that may occur to 289 Montgomery Ave., during the course of construction (if granted) of these two lots, notwithstanding existing trees, driveway, interlocking walkway, and any and all existing structures will be repaired at the sole cost and expense of developers and builders. Owners of 289 Montgomery request this in writing before any development occurs. At no time do we want any entrance onto our property for any and all of the above. We are not trying to stop the owners severance in any way but we feel attempting to put two dwellings in this space is counterproductive to the overall good of our property, the street and the neighbourhood. We would only have the stated issues with the trees, driveway location and the environmental concerns if the severance were for a single lot with a bungalow consistent with the neighbourhood. RON AND JACQUELINE ROUTH 289 MONTGOMERY AVE., WHITBY, ONT. Page 18 of 84

19 ./ Agenda Item # 5.1 PART 2 - There are no building encroachments. There are no Registered Easements. Fence type & locations ore os shown hereon. Building ties shown hereon ore to the foundation. CLIENT: Denoble Homes I'\ T u I P!!\i 2 55? o:?g I'' / "- nd of Fence /8 IVAN 8. WALLACE O.L.S. LTD SURVEYOR'S REAL PROPERTY REPORT PART 1 -PLAN OF SURVEY OF PART OF LOTS 3 & 4, REGISTERED PLAN 638 and PART OF THE NORTH HALF OF LOT 24, CONCESSION 6 (GEOGRAPHIC TOWNSHIP OF WHITBY) TOWN OF WHITBY --, 1'1/I.JI <t-u c. l"' OCM).JU.<t-0 1-J REGIONAL MUNICIPALITY OF DURHAM SCALE 1 : 250 oi IVAN B. WALLACE O.L.S. LTD. 20'metres Dwelling Under Construction Page 19 of n<:2 // /1v ( /V ( 6t/ /:// / /:/ / / J... N71.31'4Q"E (P1 & M) '("\. \ ' (DFP) F/.. J?T 2J 0! --2:i4 52 Ffl'i \.. 0 "o SSIB c X 1 1 ':) - LEGEND f'.. '!.f?t f5, 40!? Ff:\f 2fi5? ) SSIB denotes I SIB denotes _.\ IB denotes --D- denotes -denotes M denotes 1 P1 denotes denotes 0 DFP denotes JOB denotes NOTES short standard iron bar standard iron bar iron bar survey monument planted survey monument found measured Plan 40R Donevon & Fleischmonn, O.L.S. Donevon Fleischmann Petrich Ltd., O.L.S. J. D. Barnes Ltd., O.L.S. Bearings are astronomic in ongm and ore referred to the wcodarlv limit of Montaomerv Avenue shown of Plan

20 Agenda Item # 5.1 Page 20 of 84

21 I' Agenda Item # 5.1 l I I I Page 21 of 84

22 Agenda Item # 5.1 Page 22 of 84

23 April 9, 2014 Lauren Taylor Planning Depattment Town of Whitby 575 Rossland Rd E. Whitby, Ontario LlN 2M8 SORBARA - clevelopment group- Agenda Item # 5.1 PLANNIN 3 & DEVELOPMENT APR !DEPARTMENT e(\-krecl b :I'a'1t\J Re: Zoning Application- File #Z Cam Von Eschscholtz Dear Ms Taylor: I am writing on behalf of Sorbara/Tribute Holdings Inc. (STH) in response to a notice received regarding the above noted zoning application. STH has previously provided comments to the Region of Durham regarding a concurrent severance application- copies attached. STH is requesting that the Region provide a condition of consent whereby issues related to cost sharing and damage deposits are addressed. The specific conditions are noted below. 1. The applicant enter into an agreement with Sorbara/Tribute Holdings Inc. respecting the cost share of roads and services previously installed by STH that benefit the subject lands. 2. As patt of the above agreement, the applicant must agree that no servicing works are to proceed within Montgomery A ve, by any contractor prior to the full approval of Sorbara/Tribute Holdings Inc. 3. The applicant agrees to post a security deposit in the name of Sorbara/Tribute Holdings Inc. in the amount necessary to cover any and all damages associated with the temporary removal of sections of Montgomery Ave., road settlement, curb and sidewalk removal, as well as tapping into existing mainline infrastructure previously constructed by Sorbara/Tribute Holdings Inc. forces. STH would appreciate the Town's supp01t of those conditions in the recommendation rep01t that will be brought forward for Council's consideration. I would futther like to request that Sorbara/Tribute Holdings Inc. be made aware of Council's decision. If you have any immediate questions or require clarification, pleas o not hesitate to contact me. so Encl.?,'?, "' " ' wm, '""'#Boo,""'"""""'""" '4' 8M9@ telephone tax oor/jwmlevelopmentgmup.com A MEMBER OF THE SORBARA GROUP Page 23 of 84

24 Agenda Item # 5.2 Town of Whitby Report Recommendation Report Report to: Date of meeting: May 20, 2014 Prepared by: Report number: PL File number(s): Location: Planning and Development Committee Planning and Development Department Not Applicable Not Applicable Report title/subject: Public Consultation on Provincial Legislative Review: Accessible Customer Service Standard 1. Recommendation: 1. That this report be received for information. 2. Executive summary: Staff have reviewed the proposed changes to the Accessible Customer Service Standard, Ontario Regulation 429/07 and provided comments to the Accessibility Standards Advisory Council/Standard Development Committee (ASAC/SDC). The proposed changes will have a minimal impact on the Corporation, as the majority of the proposed changes would match the broader language in the other accessibility standards, simplify requirements, and reduce inconsistencies across all accessibility standards. Staff have provided one suggestion to further simplify the Accessible Customer Service Standard by amalgamating it with the Integrated Accessibility Standard 191/11 as an amendment. Staff comments have been submitted to the Province for the legislative review of the Accessible Customer Service Standard, to meet the May 22, 2014 deadline. 3. Origin: In September 2013, the Accessibility Standards Advisory Council/Standard Development Committee (ASAC/SDC), in its role as the SDC, began its review of the Customer Service Standard at the direction of the Minister of Economic Development, Trade and Employment. The ASAC/SDC is a committee that Page 24 of 84

25 Agenda Item # 5.2 Report to: Planning and Development Committee Report number: PL Page 2 of 9 includes leaders from the disability community and from organizations that must comply with accessibility standards. The ASAC/SDC has reviewed the current Customer Service Standard including its long-term objectives and all requirements that organizations must follow. Based on this review, the ASAC/SDC is proposing amendments related to the following components of the Customer Service Standard: Class structure of organizations based on the number of employees; Policies, practices and procedures; Service animals; Support persons; Training; Feedback processes; and Notice of availability and format of documents. 4. Background: The purpose of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is to achieve an accessible Ontario by 2025 through the development, implementation and enforcement of accessibility standards that apply to the public, private and not-for-profit sectors. Under the AODA, the government of Ontario has developed accessibility standards to identify, remove and prevent barriers in key areas of daily living: customer service; employment; information and communications; transportation; and the design of public spaces. All organizations with one or more employees in Ontario are required by law to comply with the AODA and its accessibility standards. On January 1, 2008, the Customer Service Standard became the first accessibility standard to be made into regulation under the AODA. The Standard sets out requirements to achieve accessible customer service. Accessible customer service is about understanding that customers with disabilities may have different needs and finding the best way to help them access goods and services. The Customer Service Standard applies to all organizations (public, private and not-for-profit) that provide goods or services either directly to the public or to other organizations and that have one or more employees in Ontario. Requirements for organizations pertain to topics such as accessible customer service policies, practices and procedures; service animals; support persons; customer feedback; and staff training. Public sector organizations were required to comply with the Customer Service Standard as of January 1, Private and not-for-profit sector organizations were required to comply with the Standard as of January 1, Page 25 of 84

26 Agenda Item # 5.2 Report to: Planning and Development Committee Report number: PL Page 3 of 9 The AODA requires the review of each accessibility standard five years after it becomes law to determine whether the standard is working as intended and to allow for adjustments to be made as required. 5. Discussion/Options: Outlined below from the Provincial website are the proposed changes to the Accessible Customer Service Standard, followed by the explanation, in bold, for the change. The Accessibility Standards Advisory Council/Standard Development Committee (ASAC/SDC) is proposing amendments related to the following components of the Customer Service Standard: A. Definitions and general provisions; It is proposed that the following definitions in the Customer Service Standard be matched with the definitions in the other accessibility standards. The proposed change regarding the definitions would see the three class structures under the Customer Service Standard (i.e., who the standard applies to) replaced by the seven class structures under the other accessibility standards. As a result, in this section and everywhere else in the document, references to a provider of goods and services have been replaced with obligated organization to match the other accessibility standards. In addition, it is proposed that a general provision be added regarding the application of reasonability / practicability in the context of meeting requirements of the Standard. The proposed change to add a general provision referencing reasonability/practicability is intended to clarify to obligated organizations and people with disabilities that both parties need to work together to take into account an individual s needs, and the organization s capacity to meet those needs. The proposed changes are supported. B. Class structure of organizations based on the number of employees; Requirements under the Customer Service Standard that applied to organizations with 20 or more employees would now apply to organizations with 50 or more employees. This proposed change would match the class structure of the Customer Service Standard with the class structure of the other four accessibility standards (employment; information and communications; transportation; and the design of public spaces). The proposed change Page 26 of 84

27 Agenda Item # 5.2 Report to: Planning and Development Committee Report number: PL Page 4 of 9 will result in a consistent definition of private and not-for-profit organizations, simplify requirements, and reduce inconsistencies across all accessibility standards. The proposed changes are supported. C. Policies, practices and procedures; It is proposed that references to policies, practices and procedures throughout the Customer Service Standard to be changed to match the term policies in the other accessibility standards. The proposed change would align language and terminology across all accessibility standards, reduce inconsistencies, and simplify requirements. The proposed changes are supported. D. Service animals; It is proposed that the definition of service animal to be changed. An animal would be defined as a service animal if: It has been trained to provide assistance to a person with a disability that relates to that person's disability; and The addition of the training provision clarifies that a service animal is not a pet and is individually trained to do work or perform tasks for an individual with a disability that is specific to that individual's disability. It is readily identifiable that the animal is used by the person for reasons relating to his or her disability; or The term readily identifiable is proposed to replace readily apparent to make it more clear to organizations that a service animal may be recognized through indicators or visual cues such as a vest or harness, without staff having to ask for a letter from a health professional. A person can provide a letter from a regulated health professional confirming that the person requires the animal for reasons relating to the disability. Expanding the range of people who can provide a letter confirming a person s requirement for a service animal to regulated health professionals from the more specific physician or nurse was seen by the committee as more inclusive of the range of health care professionals that may be used by people with different types of disabilities. The proposed changes are supported. Page 27 of 84

28 Agenda Item # 5.2 Report to: Planning and Development Committee Report number: PL Page 5 of 9 E. Support persons; Additional language is proposed to clarify when an organization may require a support person to accompany a person with a disability for reasons of health and safety as follows: The additional requirements clarify for organizations that there are limited circumstances whereby an organization could require that a person with a disability be accompanied by a support person and that certain conditions should be met including: Consultation with the person with a disability; Determination that there is no other solution or means to allow the person to be on the premises and at the same time fulfill the provider s obligation to protect the health and safety of the person with a disability and that of others; and The decision is evidence based. This situation would only occur where, after consultation with the person with a disability, requiring a support person is the only means to allow the person to be on the premises and at the same time fulfill the provider s obligation to protect the health and safety of the person with a disability and that of others (i.e., the health and safety risk cannot be eliminated or reduced by other means); and any considerations on protecting health and safety must be based on specific evidence and not on assumptions. The proposed changes are supported. F. Training; It is proposed that the requirements on who must be trained and when training must be provided be replaced with the following language: Training must be provided to: All employees, and volunteers; All people who participate in developing the organization s policies; and All other people who provide goods, services or facilities on behalf of the organization. Every person must be trained as soon as practicable. Organizations must provide training on any changes to its accessibility policies on an ongoing basis. These proposed changes would match the broader language in the other accessibility standards, simplify requirements, and reduce inconsistencies across all accessibility standards. The proposed changes are supported. Page 28 of 84

29 Agenda Item # 5.2 Report to: Planning and Development Committee Report number: PL Page 6 of 9 G. Feedback processes; It is proposed that the title of the section be changed to Feedback Process on the Accessibility to Provision of Goods or Services. The proposed new title of the section is intended to clarify that the requirements relate to receiving feedback on the accessibility of access to goods and services rather than the accessibility of the goods and services themselves. It is also proposed that the language on the channels and formats of an organization s feedback process under the Customer Service Standard be matched with the language in the Information and Communications Standard which specifies that: Obligated organizations ensure that their feedback process is accessible to persons with disabilities by providing or arranging for the provision of accessible formats and communication supports upon request. Changing how feedback is accepted to require organizations to provide accessible formats and communication supports (rather than accepting feedback through certain communication channels such as in person, by telephone, in writing, on diskette) matches similar requirements under the Information and Communications Standard. The proposed change may enhance accessibility for people with disabilities since they can request the accessible format or communication support that works best for them and their needs when providing feedback rather than choosing from the possible methods for providing feedback that are determined by the organization (e.g. by telephone or in writing). It is further proposed that language be added to the feedback section that is similar to the language in the policies, practices and procedures section of the Customer Service Standard which states that when communicating with a person with a disability, a provider shall do so in a manner that takes into account the person s disability. Reiterating the requirement for organizations to communicate with a person in a manner that takes into account their disability in the feedback provision similar to the requirement in the policies, practices and procedures section of the Customer Service Standard reinforces the importance of this principle. The proposed changes are supported. Page 29 of 84

30 Agenda Item # 5.2 Report to: Planning and Development Committee Report number: PL Page 7 of 9 H. Notice of availability and format of documents. It is proposed that the scope of this requirement be expanded beyond documents required under the Customer Service Standard to include any information and communication that an organization provides to the public. It is proposed that an organization provide accessible formats and communication supports upon request to a person with a disability. These must be provided in a timely manner and at a cost that is no more than the regular cost charged. It is further recommended that the current provision that organizations and people with disabilities agree upon an accessible format be replaced with the following requirement: Organizations must consult with the person making the request to determine the suitability of an accessible format or communication support. The proposed change would align language and terminology with the Information and Communications Standard, reduce inconsistencies, and simplify requirements. The proposed changes are supported. 6. Public communications/plan: The subject report is provided on the Town s website for public viewing. Upon adoption the report will also be circulated to: the Chamber of Commerce; the Whitby Public Library; the Station Gallery; the Accessibility Advisory Committee; the Accessibility Working Committee; and the Integrated Accessibility Project Team. 7. Considerations: Public The Province of Ontario is requesting input from the public on the review of the Accessible Customer Service Standard and proposed amendments from the Accessibility Standards Advisory Council/Standard Development Committee (ASAC/SDC). Financial Not Applicable Impact on and input from other Departments/Sources The proposed changes will have a minimal impact on the Corporation. Page 30 of 84

31 Agenda Item # 5.2 Report to: Planning and Development Committee Report number: PL Page 8 of 9 The majority of the proposed changes would match the broader language in the other accessibility standards, simplify requirements, and reduce inconsistencies across all accessibility standards. There is one proposed change that will provide additional support for the Corporation to help protect the health and safety of the customers, employees and general public. Additional language is proposed to clarify when an organization may require a support person to accompany a person with a disability for reasons of health and safety. Staff have filled out the required form from the Province for this legislative review and forwarded it to meet the May 22 deadline. Staff suggest through the Province that the Accessibility Standards Advisory Council/Standard Development Committee (ASAC/SDC) could further simplify the Accessible Customer Service Standard. To ease understanding for the public and organizations, it is suggested that it be amalgamated with the Integrated Accessibility Standard 191/11 as an amendment. Include this standard similarly to the amendment made by the Design of Public Spaces. This would allow the public and organizations the ease of looking at one regulation to find all requirements instead of looking at multiple regulations Corporate and/or Department strategic priorities The Town s Corporate Statement of Commitment: The Corporation of the Town of Whitby is committed to providing an accessible environment in which residents, visitors and employees have equitable access to municipal programs, services and facilities in a way that respects the dignity and independence of each individual. The municipality is dedicated to ensuring that all legislated obligations under the Accessibility for Ontarians Disabilities Act are met and that compliance with these standards is maintained. The Town s corporate mission statement in the Community Strategic Plan states Council and Staff of the Town of Whitby are dedicated to ensuring accessible, responsive representation and providing innovative, efficient and affordable services that will enhance the quality of life of our growing and diverse community. One of the key objectives and strategic actions listed in the Town of Whitby s Community Strategic Plan is to improve the accessibility for persons with disabilities. 8. Summary and conclusion: Staff have reviewed the proposed changes to the Accessible Customer Service Standard, Ontario Regulation 429/07 and provided comments to the Accessibility Standards Advisory Council/Standard Development Committee (ASAC/SDC). The proposed changes will have a minimal impact on the Corporation, as the majority of the proposed changes would match the broader language in the other Page 31 of 84

32 Agenda Item # 5.2 Report to: Planning and Development Committee Report number: PL Page 9 of 9 accessibility standards, simplify requirements, and reduce inconsistencies across all accessibility standards. 9. Attachments: Attachment 1: Copy of comments submitted by staff to Province For further information contact: Michele Cotton, x2331 Original Approved and Signed. Robert B. Short, Commissioner of Planning, x4309 Original Approved and Signed. Robert Petrie, Chief Administrative Officer, x2211 Page 32 of 84

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45 Agenda Item # 5.3 Town of Whitby Report Recommendation Report Report to: Date of meeting: May 20, 2014 Prepared by: Report number: PL File number(s): Location: Planning and Development Committee Planning and Development Department Z North-east Corner of Taunton Road East and Garden Street Report title/subject: Application to Amend Town of Whitby Zoning By-law No to permit a Supermarket on the subject property and to reduce the commercial parking requirement for a retail plaza, Canada Inc. 1. Recommendation: That Council approve zoning application (Z-17-13), subject to the conditions contained in Section 8.0 of Planning Report PL 35-14; and That any necessary by-law be presented for Council s approval. 2. Executive summary: A Zoning By-law Amendment application has been submitted by Canada Inc. to amend the current zoning on the subject property to permit the development of a supermarket containing a maximum of 3,250 sq. m. (35,000 sq. ft.) and to reduce the parking standard from 5 spaces per 93 sq. m. of gross floor area to 4.6 spaces per 100 sq. m. of gross leasable area. The applicant has entered into a lease agreement with Farm Boy, who is an Ottawa based regional supermarket chain that was founded in The current zoning by-law on the property permits a food store up to a maximum gross floor area of 1,125 square metres (12,110 sq. ft.). The applicant submitted a Market Demand and Impact Analysis and addendum analysis to support the additional use of a supermarket up to a maximum of 3,250 sq. m. (35,000 sq. ft.) on the subject property. The market study concluded that the proposed supermarket is warranted in The supermarket is warranted and appropriate from the perspectives of both market justification and lack of impact on the planned function of commercial areas. Page 45 of 84

46 Agenda Item # 5.3 Report to: Planning and Development Committee Report number: PL Page 2 of 8 The request for a reduction in the parking standard is consistent with the new parking standards contained in Planning Report PL as approved by Whitby Council on December 12, The Planning Department notes that if the applicant receives Council approval with respect to the by-law amendment application, the applicant will be required to go through a successful site plan application prior to the issuance of a building permit. Details such as, but not limited to the following will be reviewed through the site plan approval process; building elevations, accessibility, lighting, site circulation, location of loading, parking, noise impacts, fencing and landscape/street furniture requirements. 3. Origin: The Planning and Development Department is in receipt of a zoning application filed by Canada Inc.. 4. Background: The subject property is zoned CAC-GT-1 and CAC-GT-2 by site specific by-laws and The zoning permits a wide range of commercial uses on the subject property including a food store having a maximum gross floor area of 1,125 square metres (12,110 square feet). The proposed retail plaza received site plan approval from Town of Whitby Council in 2007 and construction began in 2008 under the previous ownership. Phase 1 of construction included the eastern and southern portion of the plaza and the stormwater management pond/feature and parking lot. The property was then sold to the current owner who has made a building permit application to construct a health club (LA Fitness) and is hopeful of making a building permit application for the retail buildings along Garden Street in the near future, subject to leasing interest (refer to Attachment #2). 5. Discussion/Options: The subject property is designated as a Regional Centre in the Durham Region Official Plan. Regional Centres are intended to be the main concentration of urban activities and to provide a full range of uses in a well-designed and intensive land form. The Whitby Official Plan designates the subject property as Major Commercial. The subject property is located within the Brock/Taunton Major Central Area Secondary Plan. The Major Commercial land use designation shall permit a complete range of retail, personal service, office, institutional, community, recreational, residential, and entertainment uses. The maximum gross leasable floor space assignment for retail and personal service uses on the subject property is 41,000 square metres as identified in the Secondary Plan. The preliminary site plan that has been submitted in support of the zoning amendment depicts a total of 39,604 square metres of gross leasable area. The applicant submitted a number of studies in support of the zoning application. They include the following; Page 46 of 84

47 Agenda Item # 5.3 Report to: Planning and Development Committee Report number: PL Page 3 of 8 Market Demand & Impact Analysis and Addendum Report (the Addendum was prepared to include the No Frills store which opened at Garden and Rossland in December 2013) Parking Analysis Traffic Impact Study Functional Servicing Report Planning Rationale Report The Market Demand & Impact Analysis and Addendum Report concluded that the proposed 35,000 sq. ft. supermarket proposed at the Taunton Gardens shopping centre is warranted in 2015 from the perspectives of both market justification and lack of impact on the planned function of commercial areas. The Parking Analysis and Traffic Impact Study were reviewed by the Town of Whitby Public Works Department and the findings and recommendations were accepted by the Town. The reduced parking standard as proposed is consistent with the recommended parking standard for shopping centres as set out and approved in Planning Report PL Public communications/plan: A public meeting was held on January 27, 2014 to introduce the proposed zoning application. All owners within 120 metres (400 feet) of the subject property were notified of the public meeting as well as those parties that expressed an interest in the subject property. In addition, a public sign notice was erected on the site in accordance with the sign notification procedures prior to the public meeting date. 7. Considerations: 7.1. Public The following are the minutes from the January 27, 2014 introductory public meeting. Lorelei Jones, planning consultant from Macaulay Shiomi Howson, appeared before the Committee on behalf of the applicant and provided an overview of the report. The Chair opened the floor for comments from the public. There were no members of the public present to speak to the matter. Discussion ensued regarding the market analysis that was conducted by Malone Givens Parsons Ltd. Mimi Ward, Malone Givens Parsons, appeared before the Committee to provide an overview of the market analysis highlighting the key indicators that are considered in the study including supply and demand, existing supermarkets in Whitby and the surrounding areas as well as what new development is anticipated, forecasted demand Page 47 of 84

48 Agenda Item # 5.3 Report to: Planning and Development Committee Report number: PL Page 4 of 8 which takes population growth into consideration, population to space ratios and how the local stores are currently capturing local spending. Discussion ensued regarding the challenges and flow relating to traffic in and out of the commercial development site. John Barrington, Certified Engineering Technologist and Senior Associate, BA Group, appeared before the Committee and advised that they are looking to make the circulation system for traffic more efficient with the full build out of the site. A question and answer period ensued regarding the parking for the adjacent commercial businesses and whether this application was consistent with new parking standards. Mr. Barrington indicated that there may be some overlap during peak hours that would impact parking but that walking provisions had been provided to allow for customers to walk from store to store which would help with the parking requirements. It was noted that Public Works still needed to provide comment on the report. A request was made by the Committee to have a list of all of the supermarkets in Whitby and their total square footage. R. Short, Commissioner of Planning stated that a memo would be provided to Council with this information. The Planning and Development Department is in receipt of a letter of correspondence from the neighbouring property owner to the north. The correspondence is requesting that the applicant prepare an updated noise report to reflect the proposed new use on the property (refer to Attachment #3). The Planning Department notes that if the applicant receives Council approval with respect to the by-law amendment application, the applicant will be required to go through a successful site plan application prior to the issuance of a building permit. An updated noise report will be required as part of the site plan review process Financial Not applicable Impact on and input from other Departments/Sources The following agencies and departments have advised that they have no concerns with the proposed zoning application: Whitby Treasury Department; Whitby Community and Marketing Services; and Whitby Fire and Emergency Services. Page 48 of 84

49 Agenda Item # 5.3 Report to: Planning and Development Committee Report number: PL Page 5 of 8 Whitby Public Works The Public Works Department has no objection to the zoning by-law amendment application to permit the development of a supermarket containing a maximum of 3,250 m 2 and to reduce the parking ratio from 5.0 spaces per 93 m 2 of gross floor area to 4.6 spaces per 100 m 2 of gross leasable area. The parking ratio of 4.6 spaces per 100 m 2 of gross leasable area has been justified in both the Parking Analysis, submitted in support of this application, as well as the Town s Parking Study, completed under zoning application Z-04-08, which has received Council approval. Please note that the circulated preliminary site plan SP102, dated October 28, 2013, indicates 1,981 parking spaces provided, however, a count by Public Works staff indicates only 1,968 parking spaces provided. Please confirm and/or correct the site statistics. The provided parking of 1,968 exceeds the proposed rate of 4.6 spaces per 100 m 2 of gross leasable area, and therefore, the rate of 4.6 spaces per 100 m 2 of gross leasable area is acceptable to the Public Works Department. The preliminary site plan drawing shows 45 accessible parking spaces which meets Town s requirement for accessible parking spaces. Loading spaces shown for building A1 and building A2 are satisfactory to the Public Works Department. The circulated Traffic Impact Study, submitted in support of this application, has been reviewed by the Public Works Department and minor revisions to the Traffic Impact Study are required. The revisions requested have been provided to the applicant and will be required to be reviewed and approved through the forthcoming site plan application. Please note that the Functional Servicing Report (by Burnside, dated October 2013) is acceptable; however, detailed Site Servicing and Site Grading plans will be required as part of building permit application. Region of Durham Planning The Region had an opportunity to complete its review of the rezoning application, and the following comments are provided regarding conformity to the Regional Official Plan (ROP), and the delegated Provincial Plan Review responsibilities. The rezoning proposed will rezone the subject site to permit a supermarket store and to reduce the parking space requirement. Conformity to the Regional Official Plan The subject site is within the Regional Centre designation in the Regional Official Plan (ROP). Lands within the Regional Centre designation shall consist of a mix of uses including institutional, commercial, major retail, residential, recreational, cultural, entertainment, and major office uses. Page 49 of 84

50 Agenda Item # 5.3 Report to: Planning and Development Committee Report number: PL Page 6 of 8 In April 2007, Amendment No. 118 to the Regional Official Plan (ROP) was adopted by Regional Council which permitted the Minthollow Estates Inc. commercial plaza within the Brock/Taunton Major Central Area. The amendment increased the maximum commercial floor space for the Brock/Taunton Sub-Central Area from 60,000 sq. m 2 to 110,000 sq.m 2 to permit the proposed 41,572 sq.m 2 commercial plaza. A proposed preliminary site plan of the supermarket store indicated that with the addition of the supermarket store, the total gross leasable floor space would still be within the approved Minthollow Estates Inc. commercial plaza s floor space. The proposed development conforms to the ROP. Delegated Provincial Plan Review Responsibilities The subject site had previously been screened for delegated Provincial Plan Review responsibilities through the related Regional Official Plan Amendment Application process (ROPA ). Retail Impact Study A Market Demand & Impact Analysis Proposed Supermarket Development Taunton Gardens Shopping Centre, prepared by Malone Given Parsons Ltd., dated October 2013 and an Addendum on January 30, 2014, were submitted in support of the proposed development. Source Noise Impact Study The lands located on the north side of the subject site are planned for future residential development. We will require a Source Noise Impact Study for the proposed supermarket store. Any recommended noise attenuation measures of the approved noise study will need to be implemented in a site plan/development agreement with the Town of Whitby to the satisfaction of the Regional Planning Division. Whitby Hydro and Emergency Services Whitby Hydro has no objection to the zoning by-law amendment application to permit the development of a supermarket on the subject property. The applicant shall consult with Whitby Hydro concerning the availability of supply voltage, service location, metering, costs and any other details prior to construction. These requirements are separate from and in addition to those of the Electrical Servicing Agreement. Whitby Hydro will complete a service layout and confirm, in writing, the characteristics of the available electrical supply and will designate the location of the supply point to the applicant. Whitby Hydro will also identify the costs that the applicant will be responsible for. The applicant shall apply for new or upgraded electrical service and temporary power service in writing. The applicant is required to provide Whitby Hydro with sufficient lead-time in order to ensure; Page 50 of 84

51 Agenda Item # 5.3 Report to: Planning and Development Committee Report number: PL Page 7 of 8 The timely provision of supply to new and upgraded premises; and/or, The availability of adequate capacity for additional loads to be connected in the existing premises. Please ensure that a minimum 3 metres clearance is maintained from existing overhead conductors, which applies to all structures, equipment and people. CLOCA Authority staff has reviewed the zoning application and generally has no objections to the use being requested or the reduced parking standard. A stormwater management update will be required through the site plan approval process to confirm that the stormwater management objectives can still be achieved with the intended use. Whitby Planning Department The proposed use, as requested by the zoning by-law amendment is in keeping with Whitby s Official Plan and can be considered by way of a zoning by-law amendment. The proposed supermarket, in today s experience, is a relatively small store in terms of supermarket size. Farm Boy as a supermarket type store has far fewer product stock keeping units than a typical large scale supermarket. The Planning Department and the Public Works Department is satisfied with the parking analysis and that the request is in keeping with the findings of the Town s parking study Corporate and/or Department strategic priorities The proposed use is compliant with the Whitby Official Plan and uses permitted with the Major Commercial designation. 8. Summary and conclusion: The Planning Department recommends that the zoning application be approved, subject to the comments and conditions below; That the current CAC-GT-2 zone be amended to permit the additional use of a supermarket up to a maximum of 3,250 sq. m. (35,000 sq. ft.); and That the CAC-GT-1 and CAC-GT-2 zones be amended to reduce the parking standard from 5 spaces per 93 sq. m. of gross floor area to 4.6 spaces per 100 sq. m. of gross leasable area. 9. Attachments: Attachment #1: Attachment #2: Location Sketch Preliminary Site Plan Page 51 of 84

52 Agenda Item # 5.3 Report to: Planning and Development Committee Report number: PL Page 8 of 8 Attachment #3: Correspondence from the Neighbouring Property Owner For further information contact: John Taylor, Principal Planner, Extension 2275 Original Approved and Signed. Robert B. Short, Commissioner of Planning, Extension 4309 Original Approved and Signed. Robert Petrie, Chief Administrative Officer, Extension 2211 Page 52 of 84

53 Attachment #1 Agenda Item # 5.3 PL Subject Land Town of Whitby Planning and Development Department Applicant File # Date Canada Inc. Z May 2014 Page 53 of 84

54 FILE NAME: S:\2011 Projects\11A120 Taunton Garden Power Centre, Whitby ON\Dwg Submittals\Re-Zoning Application-Oct \11A120_SP102_SITE PLANS-July dwg Page 54 of 84 A1 S T R E E T G A R D E N T A U N T O N K4 K3 K2 K1 EXISTING K J3 R O A D J2 J1 STORM WATER POND EXISTING J J4 BOUNDARY OF NEW DEVELOPMENT LIMIT (DASHED LINE) TYPICAL BOUNDARY OF NEW DEVELOPMENT LIMIT (DASHED LINE) TYPICAL 6 B1 I I B2 B3 B EXISTING B4 B5 C EXISTING G F EXISTING E EXISTING EXISTING D EXISTING C G F E2 E1b E1a D 3,764 2,626 1,866 D E F G 2,510 2, ,771 2,771 required required provided 20 2,149 1,981 1/37 SQM GLA = Total Required= Total Provided= ,855 SQ. M ACRES 42,160 SQ.M. 25.9% 39,102 SQ.M. 24% 81,593 SQ.M. 50.1% * INCLUDES 11,783 SQ. M. STORM WATER POND SITE AREA BUILDING AREA (COVERAGE) LANDSCAPED AREA * PAVING AREA 2. COVERAGE NOTE: PROPOSED PARKING RATIO = 4.6/100 S.M. (GLA) Total GLA (basement) required provided /93 SQM GLA = required provided 1,646 8,984 Total GLA (Inner Ring) 5/93 SQM GLA = 30,620 Total GLA (Outer Ring) 96, ,321 27,018 27,018 7,965 20,180 9,200 5, ,610 18,785 26,425 37,830 19, ,960 39,290 45,000 35,000 *note basement 2.5/93 = 1/37 106, ,845 M Sub-total (Inner Ring) 'B' 9,882 8, ,160 39,604 2,129 Total Development A+B Parking (as per Gross Leasable Area) 29,827 9,605 20,774 11,022 5, ,460 29, ,646 20,086 28,262 40,512 20, ,464 42,500 45,000 35,000 GLA Area (SF) GFA ,930 1, , , J 1024 PARKING 5/93 General 2,455 3,515 1,795 10,030 3,650 4,180 3,250 GLA K I ,278 1,917 C Sub-total (Outer Ring) 'A' H 3,948 10,727 B 4,180 3,250 A1 A2 GFA Area (SQM) BUILDING USE ISSUED FOR MUNICIPAL REVIEW APRIL. 22/ REVISE DRIVEWAY PER OWNER'S REQUEST REVISED AS PER OWNER COMMENTS ISSUED FOR CLIENT REVIEW ISSUED FOR REZONING APPLICATION JULY 12/2013 OCT 22/2013 OCT 28/ F OM Checked By: Date Checked: Seal: SP102 Drawing No.: Oct 28, :42pm Date Plotted: MS Drawn By: SITE PLAN Drawing Title: WHITBY TAUNTON ROAD TAUNTON GARDENS COMMERCIAL DEVELOPMENT Project: T M5T 3A8 Toronto, Ontario 247 Spadina Avenue, 4th Floor 1: A120 Revision No.: Scale: Project No. TAUNTON RD. ONTARIO ISSUED FOR SITE PLAN APPROVAL MAY 31/2013 JULY 09/ ISSUED FOR SPA RESUBMISSION 2 Note ISSUED FOR SPA JAN. 04/ REVISIONS AND DISTRIBUTION LOG Date MAY 29/2012 No. McKINNEY ST. 1. BUILDING STATISTICS BALDWIN ST. BROCK ST. N. Proposed Supermarket GARDEN ST. LA Fitness Under Construction ANDERSON ST. PROJECT STATISTICS Attachment #2 PL Agenda Item # 5.3 Future Retail

55 Agenda Item # 5.3 Attachment #3 PL February 10, 2014 Minthollow Estates Inc. 30 Wertheim Ct. Unit 10 Richmond Hill, Ont. L4B JB9 Phone: Fax: Mr. R. Short, Commissioner of Planning Town of Whitby 575 Rossland Road E. Whitby, ON L1N 2M8 Dear Sir: RE: Proposed Site Plan- Taunton Gardens Power Center After completing our review of the proposed revisions to the site plan and OPA as brought to Council on Jan.27th. 2014, we provide the following comments: 1.) Under the proposal there will be significantly increased parking along the north side of the two new units which was not present before. 2.) The proposal also will greatly increase the truck deliveries at the proposed grocery location including additional daily garbage removal and associated noise impacts. I am requesting that an updated noise report should be completed for this application and any noted remedial measures should be installed along the south boundary of the residential Block 119, 40M The fencing should be installed within the commercial lands and maintained by the commercial owner, similar to other noise fencing in the Taunton Gardens Power Center. Please advise me as to your decisions on our request. I will await your report to Council on this item and request I be notified of any future meetings on this item. Cc: Ms. S. Beales, Director of Public Works Cc: Mr. R. Petrie, CAO Town of Whitby Page 55 of 84

56 Agenda Item # 5.4 Town of Whitby Report Recommendation Report Report to: Date of meeting: May 20, 2014 Prepared by: Report number: PL File number(s): Location: Planning and Development Committee Planning and Development Department SP Brock Street North Report title/subject: Site Plan Application Mach 1 Oil Change 1. Recommendation: That Council approve site plan application (SP-03-14) subject to the conditions of approval contained in Section 8.0 of Planning Report, PL 36-14; That the subject property presently owned by Mach 1 Oil Change be amalgamated with the adjacent ownership of Carwash Central Ontario Inc.; That the lease between the Town and Carwash Central Ontario Inc. over part of the unopened and untravelled Willis Avenue being Part 1 on Plan 40R be terminated and replaced with an access agreement to be registered on title of the unopened road allowance and the subject property; That Council grant an easement in favour of Carwash Central Ontario Inc. over Part 1 on a draft reference plan for the purpose of constructing a driveway to permit motor vehicles to exit the subject property without having direct access to Brock Street North; and, That the Mayor and Clerk be authorized to execute any necessary documents. 2. Executive summary: A square metre (1, square foot) building is proposed on the subject property to permit a public garage, specifically a lube shop. The applicant has confirmed via a correspondence letter submitted to the Planning and Development Department, that the subject property shall be merged on title with the abutting Carwash Central Ontario Inc. operation at 800 Brock Street North. The existing Page 56 of 84

57 Agenda Item # 5.4 Report to: Planning and Development Committee Report number: PL Page 2 of 10 lease is to be terminated between the Town and Carwash Central Ontario Inc. site, which traverses over part of the unopened Willis Avenue road allowance and replaced with an access agreement, subject to conditions. As shown on Attachment #4, the drive aisle exiting the lube shop (east side) circulates into the abutting Carwash site to provide a continual vehicular traffic flow and an access to Brock Street. A portion of this driveway traverses over the Town s road allowance at Brock Street North. A vehicular easement will be required to facilitate the drive aisle from the subject property over the Town s land adjacent to Brock Street North. 3. Origin: The Planning and Development Department is in receipt of a site plan application for the public garage (lube shop) on the subject property. 4. Background: 4.1. Property Description The subject property is rectangular in shape and is located on the west side of Brock Street North, north of the Canadian Pacific Railway. The subject property is currently vacant with an access onto Brock Street, which shall be closed as a condition of approval for the development of the subject property Site Statistics Site Review Site Location Present Use Proposed Use Region Official Plan Designation Town Official Plan Designation Present Zone Category Surrounding Uses to the North Surrounding Uses to the East 804 Brock Street North Vacant (former The Vacuum Man and U-Haul Rental) Public Garage (lube shop) Regional Corridor Commercial Node Special Purpose Commercial (C2-S), By-law 2585, as amended Residential Bradley Park, beyond Brock Street North Page 57 of 84

58 Agenda Item # 5.4 Report to: Planning and Development Committee Report number: PL Page 3 of 10 Surrounding Uses to the South Surrounding Uses to the West Coin Mechanical Car Wash and Canadian Pacific Railway Residential 4.3. Pre-Consultation A pre-consultation meeting was conducted by Whitby Planning Staff with the applicant and their consultants on August 14, 2013 in accordance with Town of Whitby By-law , being a by-law to require applicants to consult with the Town of Whitby prior to submission of a development application. The applicant was provided with preliminary comments and required materials for the submission of a Site Plan Application Submission A Site Plan Application has been submitted by Mach 1 Oil Change to permit the development of a public garage (lube shop) on the subject property. The following documents were submitted in support of the application: Site Plan, Floor Plan, Elevation Drawings; and a Lighting Plan; Grading, Site Servicing, Erosion and Sediment Control Plan; and, Stormwater Management Report Site Plan Design The proposed single-storey building is located central to the subject property. The location accommodates appropriate vehicular circulation and queuing into the lube shop. The only vehicular access into the soon to be amalgamated property shall be provided from the existing unopened Willis Avenue road allowance. Vehicles shall exit the building through the east side of the building and circulate into the existing car wash site. The lube shop is comprised of three (3) bays with two (2) vehicles stacking in front of each bay. The lube shop is for oil and filter changes, filter inspection and top up of all fluids. There will be no tune ups or major repairs performed. 5. Discussion/Options: As part of the proposed new development, the applicant has agreed to merge the subject property on title with the abutting Car Wash Central Ontario Inc. site in order to comply with the zoning by-law and eliminate the need for vehicular easements between properties. The applicant has requested that the existing lease for the Willis Road allowance be terminated and replaced with an access agreement in order to provide for an extended timeframe for use of the unopened road allowance. The existing lease with the Town is to be terminated, and the registration of a new access agreement through the Town s unopened Willis Avenue with conditions is recommended. A second easement over the Town s Brock Street road allowance is required to facilitate the movement of vehicles Page 58 of 84

59 Agenda Item # 5.4 Report to: Planning and Development Committee Report number: PL Page 4 of 10 exiting the lube shop to circulate onto the Carwash lands to the south (as shown on Attachment #4). 6. Public communications/plan: Not applicable. 7. Considerations: 7.1. Public Not applicable Financial Not applicable Impact on and input from other Departments/Sources The following agencies and departments have advised that they have no concerns with the proposed zoning application: Canadian Pacific Railway; Enbridge Gas Distribution Inc.; Whitby Treasury Department; Whitby Hydro Electric Corporation; and Whitby Fire and Emergency Services. The conditions of approval from the following agencies and departments have been incorporated into the Planning and Development Department conditions of approval under Section 8.0 of this report. Region of Durham Public Works; and, Whitby Public Works Region of Durham Public Works Site Servicing Drawing SS-1 Municipal Water Supply Drawing SS-1 shows a new 25mm domestic water service connection will be extended on-site, from the existing carwash building to the new Quick Lube building. This is acceptable as shown. Drawing SS-1 also shows an existing water service connection on Brock Street will be disconnected and plugged at the main; with full restoration. This is acceptable as shown; and it will be at 100% Applicant cost. If any unused or abandoned water service connections fronting the site are found; they must also be disconnected and plugged at the main; at 100% Applicant cost. Page 59 of 84

60 Agenda Item # 5.4 Report to: Planning and Development Committee Report number: PL Page 5 of 10 Sanitary Sewer Services Drawing SS-1 shows that the existing 100mm sanitary sewer service connection will be reused; and a private inspection manhole will be installed; for the new Quick Lube building. This is acceptable as shown. The Applicant s Engineer shall add a note on the drawing stating the following: Reuse existing 100mm sanitary service connection; subject to Region inspection and approval for reuse. If any unused or abandoned sanitary sewer service connections fronting the site are found they must be disconnected and plugged at the main; at 100% Applicant cost. In accordance with the Region of Durham Sewer Use By-law, foundation drains will not be permitted to connect to the sanitary sewer system. Phase I and II Environmental Site Assessment Report The report has been reviewed in relation to the potential impact on the water and wastewater infrastructure only; and we have no comments. Site Servicing Costs; Development Charges; Frontage Charges The Applicant will be responsible for the full cost of any Regional servicing required to accommodate this application. The Applicant will be responsible for payment of all applicable Regional development charges prior to the issuance of a Building Permit. Regional Servicing Agreement The Applicant will be required to enter into a Regional Servicing Agreement to construct any Regional servicing works within the public right-of-way. Summary The Region of Durham Works Department has no object to further processing of the submitted Site Plan Application, subject to the Applicant satisfying all of the aforementioned Regional requirements Whitby Public Works The Public Works Department would support this application subject to the following conditions: Site Plan Revisions The Applicant shall submit a revised Site Plan drawing addressing the following to the satisfaction of the Public Works Department, prior to final acceptance of the Site Plan. o Label the road widening required along the frontage of Brock Street North. Page 60 of 84

61 Agenda Item # 5.4 Report to: Planning and Development Committee Report number: PL Page 6 of 10 o Label the portion of Brock Street North road right-of-way requiring an access agreement with the Town. (See Access Agreements with the Town below.) o Add additional bollards in line with the egress of the quick lube bays. o Label the removal and restoration of the existing driveway and curb to the satisfaction of the Public Works Department. o Show the curb radii at the corners of the new parking area along the driveway. Parking The Site Plan provides seven (7) new parking spaces, one (1) of which is a designated accessible parking space. The Public Work Department does not object to the number of additional parking spaces shown for this development. The accessible parking spaces as shown on the circulated Site Plan shall conform to Town of Whitby Design Criteria and Engineering Standards dwg no. 413, complete with appropriate signage. Parking and Access: 800 Brock Street North The Public Works Department does not object to the development at 804 Brock Street North to access their property through 800 Brock Street North, or to locate the required parking on 800 Brock Street North, provided that these rights are legally secured. The Applicant, prior to the execution of the Site Plan Agreement, is required to either: 1. Enter into a legal agreement for the right to access and park as shown on the Site Plan with the property owner of 800 Brock Street North; or 2. Legally consolidate the properties of 800 Brock Street North and 804 Brock Street North for single ownership. Access Agreements with the Town The Public Works Department does not object to an access agreement with the Town (similar to the existing agreement with 800 Brock Street North) for use of the Willis Avenue unopened road right of way to access the development. The Public Works Department does not object to an access agreement with the Town to accommodate the egress lane of the quick lube egress within the road right of way. Road Widening The Applicant shall dedicate road widening as dimensioned on the Site Plan on Brock Street North frontage of the subject property. A draft copy of the Page 61 of 84

62 Agenda Item # 5.4 Report to: Planning and Development Committee Report number: PL Page 7 of 10 reference plan has been reviewed by this department with Part 3 considered the required road dedication. The Applicant shall be responsible for all costs to prepare and register all legal documents related to this land transfer. Record of Site Condition Prior to the execution of the site plan agreement, the applicant shall provide confirmation that a Record of Site Condition for the land transfer is filed with the Ministry of the Environment. Winter (On Site) Maintenance Snow Storage No snow storage shall be permitted east of the quick lube egress driveway adjacent to Brock Street North. Waste Management The Applicant shall make suitable arrangements with a private contractor for the collection and disposal for all garbage and recyclable materials waste streams (compost, recyclable, residual waste, and hazardous waste) from the development both during construction and continually thereafter. Securities The Applicant shall provide the Public Works Department with an estimate of all engineering work, which shall be included within any development agreement. A Letter of Credit, in accordance with the Town s Design Criteria and Engineering Standards, will be required for 50% of the internal works and 100% of the external works. Construction Management The Applicant shall designate a temporary area on-site for the purpose of construction staff parking and the storage of construction materials and equipment. The parking of vehicles or the storage of construction materials on the adjacent public road allowance of Brock Street North is not permitted, including the existing driveway area to be removed. Road Occupancy Permit The Applicant shall make a separate application to the Engineering Section at Town Hall for a Road Occupancy Permit to approve any works within the Brock Street North road right of way. Any road construction shall require full depth and lane width restoration in accordance with Engineering Standard dwg no and all other applicable Town standards. Page 62 of 84

63 Agenda Item # 5.4 Report to: Planning and Development Committee Report number: PL Page 8 of 10 The Applicant will be required to pay an inspection fee to the Public Works Department to be determined at the finalization of the engineering design. Traffic Control Devices The Applicant shall install and maintain appropriate traffic control devices on this site. This concludes the conditional comments of the Development Engineering and Environmental Services Section of the Public Works Department 7.4. Corporate and/or Department strategic priorities Not applicable. 8. Summary and conclusion: The Planning and Development Department recommends that Council approve Site Plan Application (File No. SP-03-14), subject to the following conditions: That the applicant enter into a site plan agreement and be responsible for the fees incurred for the preparation and registration; That the applicant comply with the conditions of approval for the Region of Durham Public Works prior to the issuance of a building permit; That the applicant comply with the conditions of approval for the Town of Whitby Public Works Department prior to the issuance of a building permit, including but not limited to the following: o Revisions as required to the site plan drawing; o That the applicant dedicates the road widening as dimensioned on the Site Plan on Brock Street North frontage. All costs associated with the preparation and registration of these documents shall be borne by the applicant. The applicant shall also provide confirmation that a Record of Site Condition for the land transfer is filed with the Ministry of the Environment; and, o The applicant obtain a Road Occupancy Permit; That the applicant amalgamate the subject property with the abutting Carwash Central Ontario Inc. site prior to the preparation of the site plan agreement; That the lease between the Town and Carwash Central Ontario Inc. over the unopened and untravelled Willis Avenue being part 1, on Plan 40R be terminated and replaced with an access agreement to be registered on the title of the unopened road allowance and the subject property wherein the applicant will be responsible for the fees incurred for the preparation and registration of the agreement; The terms of the access agreement for Carwash Central Ontario Inc. should include, but not be limited to the following: Page 63 of 84

64 Agenda Item # 5.4 Report to: Planning and Development Committee Report number: PL Page 9 of 10 o Be responsible for all realty and other government taxes; o To comply with and conform to any applicable statute, by-law, regulation, requirement and order affecting the lands; o To operate and maintain the lands including the driveway, curbing and walkway at all times in good order and condition; o To maintain public liability, property damage and other applicable insurances indemnifying Carwash Central Ontario Inc. and the Town against claims for damage or injury to person or property for not less then five million ($5,000,000) dollars; o No alterations or improvements on the lands or to construct anything thereon without obtaining written approval from the Town. An application for site plan approval and/or amendment may be required under the provisions of the Planning Act; o No construction, lien, mortgage, charge or other encumbrance shall be attached to the lands; o This access agreement shall not be assigned or transferred without written consent of the Town; o To indemnify the Town and save the Town harmless against all liabilities, damages, costs, claims, loss or actions arising from any breach in violation of the access agreement; o Not to permit the lands to be used for any purpose other than a driveway and walkway for the purpose of access to Carwash Central Ontario Inc. That Council grant an easement in favour of Carwash Central Ontario Inc. over part 1 on a draft reference plan for the purpose of constructing a driveway and related curbing to permit motor vehicles to exit the subject property wherein the applicant will be responsible for the fees incurred for the preparation and registration of the easement; The draft reference plan should not be deposited in the Registry Office until approval has been given by the Town; That the applicant shall revise the Site Plan as it relates to the landscaping details in accordance with the correspondence from the Planning and Development Department, specifically the extent of the privacy fencing shall be clearly shown on the plan; The building elevations are acceptable for the lube shop subject to the canopies, signs and light fixtures reduced in height from their proposed location. A sample board of the exterior building materials and colours is to be submitted to the Planning and Development Department for approval; That a Letter of Credit is to be provided to the Town for the required Engineering and Landscaping works; That all lighting shall be of a full cut-off design to eliminate any leakage from the site. The lighting plan and fixture details for any proposed light standards and wall mount lights will be approved as part of the Site Plan Agreement; Page 64 of 84

65 Agenda Item # 5.4 Report to: Planning and Development Committee Report number: PL Page 10 of 10 The Applicant shall obtain a building permit from the Building Department; Any proposed signage shall conform to the Town s permanent sign by-law, wherein sign boxes are not recommended; The applicant shall provide the Building Department with written confirmation that the requirements of each of the following departments/agencies have been satisfied prior to the issuance of a Building Permit: o Whitby Public Works Department; o Whitby Planning Department; and o Region of Durham Works Department Upon satisfaction of the comments and conditions contained in the approved Planning Report, the applicant is to provide the Planning and Development Department with the revised site plan with landscape details, building elevations and lighting plan [five (5) full size folded copies], and five (5) reduced 8 ½ x 14 copies of the same for inclusion into the site plan agreement. 9. Attachments: Attachment #1: Location Sketch Attachment #2: Excerpt from Town s Official Plan Schedule H Attachment #3: Zoning Map Excerpt for By-law No. 2585, as amended Attachment #4: Site Plan Attachment #5: Building Elevation Drawing For further information contact: Nusrat Omer, Extension 2416 Original Approved and Signed. Robert B. Short, Commissioner of Planning, Extension 4309 Original Approved and Signed. Robert Petrie, Chief Administrative Officer, Extension 2211 Page 65 of 84

66 Attachment #1 Agenda Item PL # Subject Land Town of Whitby Planning and Development Department Applicant File Number Date Mach 1 Oil Change SP March 2014 Page 66 of 84

67 ATTACHMENT #2 Agenda Item PL # 5.4 SUBJECT LAND Page 67 of 84

68 Attachment #3 Excerpt From Zoning By-law 2585 PL Agenda Item # 5.4 Subject Land Town of Whitby Planning and Development Department APPLICANT FILE # DATE Mach 1 Oil Change SP March 2014 Page 68 of 84

69 Access Agreement over unopened Willis Ave Road Allowance Road widening over Part 3 of the draft reference plan Vehicular Easement Attachment #4 PL Agenda Item # 5.4 Page 69 of 84

70 Agenda Item # 5.4 ATTACHMENT #5 PL Page 70 of 84

71 Agenda Item # 5.5 Town of Whitby Report Recommendation Report Report to: Date of meeting: May 20, 2014 Prepared by: Report number: PL File number(s): Location: Planning and Development Committee Planning and Development Department Not Applicable Not Applicable Report title/subject: Public Consultation on Provincial Legislative Review: Accessibility for Ontarians with Disabilities, Recommendation: That this report be received for information. 2. Executive summary: Staff has reviewed the information available and provided comments to the Province for the legislative review of the Accessibility for Ontarians with Disabilities Act, 2005 to ensure comments were included within the comment date requirements. The final deadline for all written submissions to the Reviewer, regardless of whether the submitting party has attended a consultation session, is June 1, The mandate of this review is very open-ended and non-specific. Essentially, the Dean is simply required to conduct a review of the Act and where the Province stands in achieving the Act s goals. 3. Origin: September 10, 2013, the Minister of Economic Development, Trade and Employment for Ontario appointed Mayo Moran, Dean and James Marshall Tory, Professor of Law at the Faculty of Law, University of Toronto, to lead a review of the Province's Accessibility for Ontarians with Disabilities Act (AODA). Since the AODA became law in 2005, Ontario has established accessibility standards for customer service, information and communications, employment, transportation and the design of public spaces. The first review of the Act was conducted by Charles Beer, former provincial Minister of Community and Social Services and was completed in Beer's Page 71 of 84

72 Agenda Item # 5.5 Report to: Planning and Development Committee Report number: PL Page 2 of 6 review examined the process for developing accessibility standards, municipal accessibility advisory committees and the government's administration of the AODA. Making Ontario accessible for people with disabilities by 2025 is the goal of the AODA and will help build a fair society so that everyone can contribute their skills to our economy. 4. Background: The purpose of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is to achieve an accessible Ontario by 2025 through the development, implementation and enforcement of accessibility standards that apply to the public, private and not-for-profit sectors. Under the AODA, the government of Ontario has developed accessibility standards to identify, remove and prevent barriers in key areas of daily living: customer service; employment; information and communications; transportation; and the design of public spaces. All organizations with one or more employees in Ontario are required by law to comply with the AODA and its accessibility standards. The Act requires that within four years of coming into force, a reviewer be appointed to undertake a review of its effectiveness, and that subsequent reviewers be appointed within three years of the previous report being tabled. Dean Mayo Moran, and James Marshall Tory, Professor of Law at the Faculty of Law, University of Toronto, have been appointed to review the overall effectiveness of the AODA. 5. Discussion/Options: The mandate of this review is very open-ended and non-specific. Essentially, the Dean is simply required to conduct a review of the Act and where the Province stands in achieving the Act s goals. As the mandate for this review does not provide specific topics or areas being addressed, staff has provided general comments on: the promotion of the AODA; conflict between Ministries and legislation; the timelines provided to review and provide comments; the vague language for the requirements of the Standards developed under the AODA; unmet expectations of a harmonized standard; potential confusion between implementing standards and enforcement; and enforcement of the Standards by the Accessibility Directorate of Ontario (ADO). 1. The AODA is an important piece of legislation used to educate the public and organizations on the importance of identifying, removing and preventing barriers to persons with disabilities. However, the legislation is not well known or Page 72 of 84

73 Agenda Item # 5.5 Report to: Planning and Development Committee Report number: PL Page 3 of 6 promoted to organizations or the general public. There are still a number businesses that have not heard of the AODA and the Standards. The expectation that municipalities or their Accessibility Advisory Committees will deliver the message about the legislation, requirements and timelines is unrealistic. 2. Outlined in the purpose of the ADOA legislation, it states (a) developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities The challenge for organizations implementing these standards is there seems to be no mechanism for enforcement. Municipalities struggle to determine which piece of the legislation has primacy and who is responsible for ensuring that Standards are being met. The other challenge with the implementation of the standards falls with the compliance deadlines. When municipalities are contracting outside agencies to do business on our behalf, it is challenging to enforce the designated public sector timelines on small businesses. The requirements have not been well promoted by the Province and the compliance deadlines are later for the private sector. This leads to duplication in effort should the municipality address the accessibility of products after they have been completed on their behalf, rather than at the time of development. 3. When looking at the overall intention of the AODA to provide an accessible environment by 2025, there are conflicts that arise between Provincial Ministries that impact this goal. a. For example, the Integrated Accessibility Standard, Design of Public Spaces speaks to requirements for external paths of travel as being for pedestrian travel that serve a functional purpose. In the construction of Highway 407, bridges and overpasses are built by the Province; where sidewalk construction is the responsibility of the municipality. Ministry of Transportation is responsible for the design of the bridges. Municipalities are responsible to pay for the cost of adding sidewalks. Conflict arises where bridges are not being designed wide enough to accommodate the addition of sidewalks, therefore eliminating the option to provide a safe pedestrian connection within the community. This seems to contradict the Province s AODA principle of an Accessible Ontario by Timelines of 45 days to review and provide comments for most of the standards create a barrier for municipalities. Working within the monthly cycle of Council meetings, advisory committees, etc., staff does not have enough time to review documents, the comments received, draft reports and circulate to gather input from all departments within the 45 days offered by the Province. Staff recommend the public comment period be increased to days. 5. The language used in the Integrated Accessibility Standard, Ontario Regulation 191/11 is vague and left to interpretation or flexibility of the organization trying to ensure compliance. a. For example, the legislation speaks to an implementation date of January 1, 2016 for the Design of Public Spaces; however it only provides an exception Page 73 of 84

74 Agenda Item # 5.5 Report to: Planning and Development Committee Report number: PL Page 4 of 6 for contracts signed until December 31, This is confusing for the reader to determine when this is required to be implemented. When seeking clarification from the Directorate on this matter, the response provided direct staff to the requirement to have accessible procurement practices in place by January 1, 2013, and as such, that was the compliance date. b. For example, the Accessible Customer Service Standard speaks to policies, procedures and practices; where the Integrated Accessibility Standard speaks to policies. In some areas covered by this Regulation, it can be challenging to determine which details must be included in a policy as opposed to supporting documents. 6. As a result of recommendations from the Charles Beer review it was expected the Province would provide a harmonization of the outstanding four Standards into one document. Organizations were looking to remove the duplication of requirements and have one piece of legislation that clearly laid out the expectations and set a Standard. The Integrated Accessibility Standard has been implemented through one Regulation; however it still contains multiple elements with varying compliance dates. Where it had been expected that there would be Standards that gave a definitive direction for organizations, this legislation is vague, confusing and left widely open to various interpretations. In seeking advice or clarification from the Province on the implementation of this legislation, precise answers are difficult to obtain. In most instances, the response is to seek advice from your legal counsel, which can be very costly for organizations that do not have in-house legal staff. 7. Finally, there is greater potential confusion and conflict in implementing the Accessible Built Environment standards, the Design of Public Spaces (DoPS) and the amendments to the Ontario Building Code (OBC). Exterior paths of travel are sidewalks and walkways that help us get to our intended destination, that s why accessibility considerations are important. The standard does not apply to paths of travel that are regulated by Ontario s Building Code (e.g., a path of travel from a parking lot with accessible parking spaces to an accessible building entrance). a. For example, when building a municipal sidewalk it must be 1.5m wide under the DoPS, connecting to a building from a municipal sidewalk must be 1.1m under the OBC and the entrance pad outside the door of the building must be a minimum of 1.67m under the OBC. The municipality has the ability to enforce minimum OBC standards, however the DoPS, is monitored by the Accessibility Directorate of Ontario (ADO) which is not an enforcer. The ADO does not take complaints or have the apparent ability to ensure what is put on the ground is what the legislation requires. In this scenario, if the standard in the OBC is used for the path, the smaller external path would be less accessible than the 1.5m path. b. Section 38 of the AODA, says that if a provision of this Act, an accessibility standard or any other regulation conflict, the provision that provides the highest level of accessibility shall prevail. However, as the scenario suggests we are dealing with two distinct standards that look at what are considered Page 74 of 84

75 Agenda Item # 5.5 Report to: Planning and Development Committee Report number: PL Page 5 of 6 separate issues by the Directorate. When looking on paper 0.4m does not look significant, when built in the community it is the difference between 2 people passing on a walkway and someone having to step off into the surrounding landscape, if they have the ability. Above is an illustration of potential user conflict on a narrow boardwalk (1.0m wide), between a pedestrian and a person in a wheelchair. 6. Public communications/plan: Not Applicable 7. Considerations: Public Not Applicable Financial Not Applicable Impact on and input from other Departments/Sources There is very minimal impact expected on other Departments as a result of this review of the AODA. Corporate and/or Department strategic priorities The Town s Corporate Statement of Commitment: The Corporation of the Town of Whitby is committed to providing an accessible environment in which residents, visitors and employees have equitable access to municipal programs, services and facilities in a way that respects the dignity and independence of each individual. The municipality is dedicated to ensuring that all legislated obligations under the Accessibility for Ontarians Disabilities Act are met and that compliance with these standards is maintained. Page 75 of 84

76 Agenda Item # 5.5 Report to: Planning and Development Committee Report number: PL Page 6 of 6 The Town s corporate mission statement in the Community Strategic Plan states Council and Staff of the Town of Whitby are dedicated to ensuring accessible, responsive representation and providing innovative, efficient and affordable services that will enhance the quality of life of our growing and diverse community. One of the key objectives and strategic actions listed in the Town of Whitby s Community Strategic Plan is to improve the accessibility for persons with disabilities. 8. Summary and conclusion: As the mandate of this review is very open-ended and non-specific, staff has reviewed the information available and the legislation to provide comments to the independent reviewer. Staff have provided general comments on some of the challenges with the AODA and Standards. Staff comments have been submitted directly to Dean Mayo Moran prior to this report being reviewed by Council to enable the Town to meet the submission date established by the independent reviewer. 9. Attachments: Attachment 1: Submission to Dean Moran For further information contact: Michele Cotton, x2331 Original Approved and Signed. Robert Short, Commissioner of Planning, x4309 Original Approved and Signed. Robert Petrie, Chief Administrative Officer, x2211 Page 76 of 84

77 Attachment #1 Agenda Item # 5.5 PL Planning and Development Department May 9, 2014 Dean Mayo Moran, Faculty of Law University of Toronto 27 King's College Circle Toronto, ON M5S 1A1 Dear Dean Moran, Please find the Planning and Development Department s submission from the Corporation of the Town of Whitby to the review of the AODA. As requested from your office, the following statement was provided as to the mandate of this review, comments provided reflect this statement. The mandate of this review is very open-ended and non-specific. Essentially, the Dean is simply required to conduct a review of the Act and where the province stands in achieving the Act s goals. As the mandate for this review does not provide specific topics or areas being addressed, staff has provided general comments on: the promotion of the AODA; conflict between Ministries and legislation; the timelines provided to review and provide comments; the vague language for the requirements of the Standards developed under the AODA; unmet expectations of a harmonized standard; potential confusion between implementing standards and enforcement; and enforcement of the Standards by the Accessibility Directorate of Ontario (ADO). 1. The AODA is an important piece of legislation used to educate the public and organizations on the importance of identifying, removing and preventing barriers to persons with disabilities. However, the legislation is not well known or promoted to organizations or the general public. There are still a number Page 77 of 84

78 - 2 - Agenda Item # 5.5 businesses that have not heard of the AODA and the Standards. The expectation that municipalities or their Accessibility Advisory Committees will deliver the message about the legislation, requirements and timelines is unrealistic. 2. Outlined in the purpose of the ADOA legislation, it states (a) developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities The challenge for organizations implementing these standards is there seems to be no mechanism for enforcement. Municipalities struggle to determine which piece of the legislation has primacy and who is responsible for ensuring that Standards are being met. The other challenge with the implementation of the standards falls with the compliance deadlines. When municipalities are contracting outside agencies to do business on our behalf, it is challenging to enforce the designated public sector timelines on small businesses. The requirements have not been well promoted by the Province and the compliance deadlines are later for the private sector. This leads to duplication in effort should the municipality address the accessibility of products after they have been completed on their behalf, rather than at the time of development. 3. When looking at the overall intention of the AODA to provide an accessible environment by 2025, there are conflicts that arise between Provincial Ministries that impact this goal. a. For example, the Integrated Accessibility Standard, Design of Public Spaces speaks to requirements for external paths of travel as being for pedestrian travel that serve a functional purpose. In the construction of Highway 407, bridges and overpasses are built by the Province; where sidewalk construction is the responsibility of the municipality. Ministry of Transportation is responsible for the design of the bridges. Municipalities are responsible to pay for the cost of adding sidewalks. Conflict arises where bridges are not being designed wide enough to accommodate the addition of sidewalks, therefore eliminating the option to provide a safe pedestrian connection within the community. This seems to contradict the Province s AODA principle of an Accessible Ontario by Timelines of 45 days to review and provide comments for most of the standards create a barrier for municipalities. Working within the monthly cycle of Council meetings, staff does not have enough time to review documents, draft reports and circulate to gather input from all departments within the 45 days offered by the Province. Staff recommend the public comment period be increased to days. 5. The language used in the Integrated Accessibility Standard, Ontario Regulation 191/11 is vague and left to interpretation or flexibility of the organization trying to ensure compliance. Page 78 of 84

79 - 3 - Agenda Item # 5.5 a. For example, the legislation speaks to an implementation date of January 1, 2016 for the Design of Public Spaces; however it only provides an exception for contracts signed until December 31, This is confusing for the reader to determine when this is required to be implemented. When seeking clarification from the Directorate on this matter, the response provided direct staff to the requirement to have accessible procurement practices in place by January 1, 2013, and as such, that was the compliance date. b. For example, the Accessible Customer Service Standard speaks to policies, procedures and practices; where the Integrated Accessibility Standard speaks to policies. In some areas covered by this Regulation, it can be challenging to determine which details must be included in a policy as opposed to supporting documents. 6. As a result of recommendations from the Charles Beer review it was expected the Province would provide a harmonization of the outstanding four Standards into one document. Organizations were looking to remove the duplication of requirements and have one piece of legislation that clearly laid out the expectations and set a Standard. The Integrated Accessibility Standard has been implemented through one Regulation; however it still contains multiple elements with varying compliance dates. Where it had been expected that there would be Standards that gave a definitive direction for organizations, this legislation is vague, confusing and left widely open to various interpretations. In seeking advice or clarification from the Province on the implementation of this legislation, precise answers are difficult to obtain. In most instances, the response is to seek advice from your legal counsel, which can be very costly for organizations that do not have in-house legal staff. 7. Finally, there is greater potential confusion and conflict in implementing the Accessible Built Environment standards, the Design of Public Spaces (DoPS) and the amendments to the Ontario Building Code (OBC). Exterior paths of travel are sidewalks and walkways that help us get to our intended destination, that s why accessibility considerations are important. The standard does not apply to paths of travel that are regulated by Ontario s Building Code (e.g., a path of travel from a parking lot with accessible parking spaces to an accessible building entrance). a. For example, when building a municipal sidewalk it must be 1.5m wide under the DoPS, connecting to a building from a municipal sidewalk must be 1.1m under the OBC and the entrance pad outside the door of the building must be a minimum of 1.67m under the OBC. The municipality has the ability to enforce minimum OBC standards, however the DoPS, is monitored by the Accessibility Directorate of Ontario (ADO) which is not an enforcer. The ADO does not take complaints or have the apparent ability to ensure what is put on the ground is what the legislation requires. In this scenario, if the standard Page 79 of 84

80 - 4 - Agenda Item # 5.5 in the OBC is used for the path, the smaller external path would be less accessible than the 1.5m path. b. Section 38 of the AODA, says that if a provision of this Act, an accessibility standard or any other regulation conflict, the provision that provides the highest level of accessibility shall prevail. However, as the scenario suggests we are dealing with two distinct standards that look at what are considered separate issues by the Directorate. When looking on paper 0.4m does not look significant, when built in the community it is the difference between 2 people passing on a walkway and someone having to step off into the surrounding landscape, if they have the ability. Above is an illustration of potential user conflict on a narrow boardwalk (1.0m wide), between a pedestrian and a person in a wheelchair. The comments set out are expected to be confirmed by Whitby Council on May 26, Yours truly, Robert B. Short, MCIP, RPP Commissioner of Planning RBS/sm Page 80 of 84