Committee of the Whole Meeting Agenda

Monday, November 25, 2024 at 7:00 P.m. - 9:00 P.m.

Council Chambers

Whitby Town Hall

This meeting will be available for viewing through the Town’s live stream feed while the meeting is in progress. Please visit whitby.ca/CouncilCalendar for more information about the live stream and archived videos.

 

This meeting will be held in a hybrid in-person and virtual format. In accordance with Section 8.1 of Procedure By-law # 8081-24, Members of Council may choose to attend in-person or participate virtually.

 

Should you wish to provide comments regarding a matter being considered below, please submit written correspondence and/or a Delegation Request Form.

 

• To submit written correspondence, please email your correspondence to the Office of the Town Clerk at  by noon on the day of the meeting. Correspondence must include your full name, address, and the item on the agenda that your correspondence is related to.
• To speak during the Committee meeting either in-person or virtually, please submit a Delegation Request Form online to the Office of the Town Clerk by 8 a.m. on the day of the meeting. Should you be unable to access a computer, please call 905.430.4315 to speak with a Staff Member in the Office of the Town Clerk.

 

A Revised Agenda may be published on a later date. Late items added or a change to an item will appear with an asterisk beside them.

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1.

Call To Order: The Mayor

2.

Call of the Roll: The Clerk

3.

Declarations of Conflict of Interest

4.

Consent Agenda

5.

Planning and Development

5.1

Presentations

5.2

Delegations

5.2.1

Christian Jattan representing CODR Holdings Limited

Re: PDP 54-24, Planning and Development (Planning Services) Department Report
Draft Plan of Subdivision and Zoning By-law Amendment Applications, CODR Holdings Limited, Unaddressed Property on Coronation Road, File Number: DEV-20-24 (SW-2024-02, Z-09-24)

Refer to Item 5.4.4, PDP 54-24

5.3

Correspondence

5.4

Staff Reports

5.4.1

PDP 51-24, Planning and Development (Planning Services) Department Report

Re: Zoning By-law Amendment Application, William Feaver, 7595 Duffs Road, File Number: DEV-22-24 (Z-10-24)

• Recommendation:
  1. That Council approve an amendment to Zoning By-law # 1784 (File Number: Z-10-24) as outlined in Planning Report PDP 51-24; and,
  2. That a by-law to amend Zoning By-law # 1784 be brought forward for consideration by Council.

5.4.2

PDP 52-24, Planning and Development (Planning Services) Department Report

Re: Draft Plan of Subdivision and Zoning By-law Amendment Applications, 1628755 Ontario Limited, 320 & 360 Columbus Road West, File Numbers: DEV-24-22 (SW-2022-05 and Z-16-22)

• Recommendation:
  1. That Council approve the Draft Plan of Subdivision (File Number: SW-2022-05), subject to the comments included in  Report PDP 52-24 and the Conditions of Draft Plan Approval included in Attachment #9;
  2. That Staff be authorized to prepare a Subdivision Agreement;
  3. That Council approve the amendment to Zoning By-law #1784 (File Number: Z-16-22), and that a Zoning By-law Amendment be brought forward for consideration by Council;
  4. That John G. Williams Limited Architect be appointed as the Control Architect for the Draft Plan of Subdivision; and,
  5. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision, including the Region of Durham’s Commissioner of Planning and Economic Development.

5.4.3

PDP 53-24, Planning and Development (Planning Services) Department Report

Re: Official Plan Amendment and Zoning By-law Amendment Applications, Menkes Champlain Inc., Unaddressed Parcel North Side of Stellar Drive, East of Thickson Road South, File Numbers: DEV-18-24 (OPA-2024-W/07, Z-07-24)

• Recommendation:
  1. That Council approve Amendment Number 141 to the Whitby Official Plan (File Number: OPA-2024-W/07), as shown on Attachment #8, and that a By-law to adopt Official Plan Amendment Number 141 be brought forward for consideration by Council;
  2. That the Clerk forward a copy of Planning Report PDP 53-24, two (2) copies of the adopted Amendment, and a copy of the by-law to adopt Amendment Number 141 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development;
  3. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision, including the Region of Durham’s Commissioner of Planning and Economic Development; and,
  4. That Council approve an amendment to Zoning By-law # 1784, (File Number: Z-07-24), as outlined in Report PDP 53-24.

5.4.4

PDP 54-24, Planning and Development (Planning Services) Department Report

Re: Draft Plan of Subdivision and Zoning By-law Amendment Applications, CODR Holdings Limited, Unaddressed Property on Coronation Road, File Numbers: DEV-20-24 (SW-2024-02, Z-09-24)

• Recommendation:
  1. That Council approve a Draft Plan of Subdivision (File Number: SW-2024-02), subject to the comments included in Report PDP 54-24 and the Conditions of Draft Plan Approval included in Attachment #9;
  2. That Staff be authorized to prepare a Subdivision Agreement;
  3. That the Clerk forward a Notice to those parties and agencies who requested to be notified of Council’s decision, including the Region of Durham’s Commissioner of Planning and Economic Development;
  4. That Council approve an amendment to Zoning By-law 1784 (File Number: Z-09-24), as outlined in Report PDP 54-24;
  5. That a by-law to amend Zoning By-law 1784 be brought forward for consideration by Council at such time as the subdivision receives Draft Approval; and,
  6. That John G. Williams Limited Architect be appointed as the Control Architect for the Draft Plan of Subdivision.

5.4.5

PDP 55-24, Planning and Development (Planning Services) Department Report

Re: Town Initiated Official Plan Amendment and Zoning By-law Amendments - Changes to Accessory Apartment (Additional Dwelling Unit) Policies and Regulations, File Numbers: OPA-2024-W/01, Z-02-24

• Recommendation:
  1. That Council approve Amendment 143 to the Whitby Official Plan to permit up to 3 additional residential dwelling units on ground related residential properties in accordance with Attachment #1 to Report PDP 55-24, and that a by-law to adopt Amendment 143 be brought forward for Council’s consideration;
  2. That the Clerk forward a copy of Report PDP 55-24, two (2) copies of the adopted Amendment, and a copy of the By-law to Adopt Amendments 143 to the Whitby Official Plan, to the Region of Durham’s Commissioner of Planning and Economic Development;
  3. That Zoning By-law Amendments to implement legislative directives of Bill 108 and Bill 23, as well as Council Resolution # 222-23 with respect to the Federal Housing Accelerator Fund (HAF) to permit up to 3 additional dwelling units on parcels of land occupied by ground related dwelling units as shown on Attachments 2, 3, and 4 to Report PDP 55-24 be brought forward for consideration by Council; and,
  4. That the Clerk forward a Notice of Council’s decision to those parties and agencies, including the Region of Durham’s Commissioner of Planning, that requested to be notified of Council’s decision.

5.5

New and Unfinished Business - Planning and Development

6.

General Government

6.1

Presentations

6.2

Delegations

6.3

Correspondence

6.4

Staff Reports

6.4.1

FS 44-24, Financial Services Department Report

Re: Commercial and Industrial Development Charges Calculation Protocol

• Recommendation:

  That Council approve the use of the proposed protocol for determining applicable commercial and industrial Town of Whitby development charges, as required.

6.5

New and Unfinished Business - General Government

6.5.1

Request the Redistribution of the Provincial Land Transfer Tax and GST to Municipalities for Sustainable Infrastructure Funding

• Recommendation:

  Moved by Councillor Yamada

  Whereas municipalities face growing infrastructure needs, including roads, bridges, public transit, water systems, and other critical services, which are essential to community well-being and economic development; and,

  Whereas the current sources of municipal revenue, including property taxes and user fees, are insufficient to meet these increasing demands for infrastructure investment; and,

  Whereas the Province of Ontario currently collects the Land Transfer Tax (LTT) on property transactions in municipalities across the province, generating significant revenue that is not directly shared with municipalities; and,

  Whereas the Federal Government collects the Goods and Services Tax (GST) on property transactions, a portion of which could be directed to municipalities to address local infrastructure needs; and,

  Whereas redistributing a portion of the LTT and GST to municipalities would provide a predictable and sustainable source of funding for local infrastructure projects without creating a new tax burden on residents or homebuyers; and,

  Whereas a redistribution of a portion of the existing LTT and GST would allow municipalities to better plan and invest in long-term infrastructure initiatives, supporting local economic growth and improving the quality of life for residents.

  Now therefore, be it resolved:

  1. That the Council of the Town of Whitby formally requests the Provincial Government to consider redistributing a portion of the Land Transfer Tax collected on property transactions to municipalities; and,
  2. That the Council of the Town of Whitby calls on the Federal Government to allocate a percentage of the Goods and Services Tax collected on property sales to municipalities; and,
  3. That this redistribution of the Land Transfer Tax and Goods and Services Tax should be structured to provide predictable and sustainable funding to municipalities, allowing for better long-term planning and investment in infrastructure projects that benefit local communities, thus ensuring that local governments receive a fair share of the revenue to address critical infrastructure needs; and,
  4. That copies of this resolution be forwarded to Prime Minister Justin Trudeau, Premier Doug Ford, the Ontario Minister of Finance, the Minister of Municipal Affairs and Housing, Durham Region MPs and Durham Region MPPs; and,
  5. That copies of this resolution be forwarded to the local municipalities in Durham Region, the Region of Durham, the Federation of Canadian Municipalities (FCM), and the Association of Municipalities of Ontario (AMO) for their endorsement and advocacy.

6.5.2

Reducing or Eliminating Tolls on Highway 407 East

• Recommendation:

  Moved by Councillor Lee

  Whereas at a media appearance on October 25, 2024 Premier Ford fielded a question regarding the possibility of reducing or eliminating tolls on Highway 407 as an alternative to constructing a tunnel under Highway 401; and, 

  Whereas in response to the question, Premier Ford indicated that he has requested that the Minister of Transportation review reducing or eliminating tolls on the provincially-owned portion of the highway, being Highway 407 East; and, 

  Whereas Premier Ford further indicated that the Province would do a feasibility study regarding reducing or eliminating tolls on Highway 407 East and that any toll adjustments could be made quickly; and, 

  Whereas the Get It Done Act, 2024 prohibits Ontario from introducing tolls on provincial highways; and,

  Whereas Highway 407 East is the only tolled provincially owned highway in Ontario, resulting in unfair economic impacts to Durham Region residents and businesses; and,

  Whereas the Council of the Town of Whitby has previously advocated for the removal of tolls on Highway 407 East through Resolution # 60-24 adopted at the March 18, 2024 Regular Council Meeting in order to boost economic development, improve travel times, and alleviate traffic impacts in Durham Region.

  Now therefore be it resolved:

  1. That the Council of the Town of Whitby requests that the Province of Ontario reduce or eliminate tolls on Highway 407 East from Brock Road in Pickering to Highway 35/115; and,
  2. That the Mayor be requested on behalf of Council, to author a letter including this motion to the Premier of Ontario, the Minister of Transportation, all Durham Region MPPs, all Durham municipalities, the City of Kawartha Lakes, the Township of Cavan Monaghan, the City of Peterborough, the Ontario Trucking Association, and the Ontario Federation of Agriculture.

6.5.3

January 4, 2024 Correspondence from Aird & Berlis LLP

• Recommendation:

  Moved by Councillor Leahy

  That Council waive privilege to make public the January 4, 2024 legal opinion from Aird & Berlis LLP regarding the “Authority to Appoint Deputy Mayor” and that Staff provide Council with the cost incurred to obtain this opinion.

7.

Adjournment