City of Peterborough

06/10/2024 | Press release | Distributed by Public on 06/10/2024 17:38

Council overview package for June 10, 2024

City Council approved the following items during its meeting on Monday, June 10, 2024:

Council agenda

Video recordings of Council meetings are posted at following the meeting.

Zoning By-law amendment

Council approved a housekeeping amendment to the Zoning By-law, Section 6.1 - Public Use Exemption, to provide clarity on the intention of the public use exemption for City-led capital projects.

Currently, the Zoning By-law, Section 6.1, exempts the City and Peterborough Utilities Commission from the provisions of the by-law. The update will clarify that the City exemption encompasses City activities such as its Municipal Services Corporations and the Police Services Board.

The current language in Section 6.1 has not been updated since the establishment of the Comprehensive Zoning By-law in 1972.

The City of Peterborough has a new Official Plan that addresses modern planning challenges and is reflective of Provincial Planning Direction. At times, the City's ability to implement the Official Plan's direction through City-led capital projects can be hindered by the lack of specificity in Section 6.1 of the older Comprehensive Zoning By-law.

The City of Peterborough has a new Official Plan that addresses modern planning challenges and is reflective of Provincial Planning Direction. At times, the City's ability to implement the Official Plan's direction through City-led capital projects can be hindered by the lack of specificity in Section 6.1 of the older Comprehensive Zoning By-law.

While Section 6.1 waives compliance with the Zoning By-law, the Official Plan remains applicable thus ensuring that City planning decisions maintain the overall vision of the Plan.

Accessibility Plan 2024-2028

Council approved the City of Peterborough Accessibility Plan for 2024 to 2028.

The Integrated Accessibility Standards Regulation enacted under the Accessibility for Ontarians with Disabilities Act requires the City to establish, implement and maintain a multi-year accessibility plan. The City is required to review and update the plan at least once every five years, consult with people with disabilities and the Accessibility Advisory Committee, and post the plan on the City's website.

The disability rate in Canada is quickly increasing across all age groups with 27% of the Canadian population aged 15 and older having at least one disability. The rate was 22% in 2017.

In the City's Accessibility Plan, the priority areas identified in the short-term road map are sidewalks, transit, streets/intersections, parks, and employment opportunities for people with disabilities.

There is a shift in municipal accessibility work across Ontario. Municipalities are moving from a 'compliance model' to a 'compliance + inclusion model', sometimes referred to as 'more than compliance' or 'beyond compliance', including similar sized municipalities across southern Ontario.

Inclusive organizations have moved away from a check box method to implement and measure accessibility, recognizing that meeting minimum standards will sometimes still leave barriers along the path to basic needs for people with disabilities. The compliance + inclusion model assesses the experiences of people with disabilities and uses the best available resources to help minimize barriers and meaningfully measure accessibility.

Peterborough Utilities Commission development charges

Council approved receiving a notice of public meeting for a Peterborough Utilities Commission's Development Charges Background Study that starts at 5 p.m. on June 10, 2024 in the Council Chambers with recommendations on rate changes for the development charges expected to be presented at the General Committee meeting on June 17, 2024.

The Public Utilities Commission Development Charge by-law expires in July 2024. A new by-law must be passed to continue to impose development charges for growth-related water infrastructure.

At the public meeting on June 10, Hemson Consulting Ltd. will presented a Development Charges Background Study undertaken by the Peterborough Utilities Commission and public delegations will be received.

A further report will be presented to the June 17, 2024 General Committee meeting that will recommend changes to the Peterborough Utilities Commission Development Charges rate. The Peterborough Utilities Commission Development Charges By-law, in its final form, will then be presented to the June 24, 2024 Council meeting for approval.

Although Council has delegated the governance of the water operations to the PUC, and appoints all five Commission members, the Commission does not have the authority under the Development Charges Act, 1997 (DCA) to hold the mandatory public meeting and to ultimately approve the DC by-law. Those responsibilities still rest with Council.

Peterborough Utilities Commission development charges reserve funds report

Council approved receiving an information report on the Peterborough Utilities Commission development charge reserve funds in 2023.

In 2023 the City earned $5.0 million in Development Charge (DC) revenue. Including interest earned and transfers to capital projects, the balance in the DC Reserve Funds on December 31, 2023 was $28.9 million. Eight of the 23 sub reserves have deficit (overdrawn) balances and are the results of expenditures being incurred in anticipation of development taking place.

Although the balance in the Development Charge Reserve Funds (DCRFs), at December 31, 2023, was $28.9 million, there are $61.7 million in commitments that have been approved in the 2023 and prior years' capital budgets requiring future Development Charges. In addition, there is $43.1 million in existing debt issued and outstanding on growth related capital works already completed.

The twenty-three sub-reserves are managed discreetly. One reserve with a deficit balance does not borrow from another which has a surplus balance. For example, all cost commitments and associated financing costs for growth related recreation projects must be covered through the Recreation DCRF, even if there is a surplus balance in another sub-reserve (i.e.: Waste Management).

The future of DCRF is a concern. There will be insufficient funds in the DCRFs to cover the commitments as the projects are completed and the DCRFs will rely heavily on the issuance of debt.

The Province's Bill 23, More Homes Built Faster Act, 2022 shifted a significant portion of the financial burden for growth from developers to existing taxpayers. The longstanding premise of growth paying for growth is no longer applicable under Bill 23.

Bill 185, the Cutting Red Tape to Build More Homes Act, 2024 was released for first reading on April 10, 2024. In respect of DC's, Bill 185 is positive for municipalities. If passed, this will increase DC revenues and support municipal efforts to deliver growth-related infrastructure.

Service Peterborough renovation

Council approved deferring a report on the Service Peterborough renovation at City Hall, which would create a customer service centre to consolidate customer service interactions at fewer customer service desks for municipal services.

Council approved requesting additional options for its consideration, unless staff could proceed within the existing approved budget, which would not require a report back to Council.

A Capital Project budget was approved by Council through Report CLSFS23-031 dated June 12, 2023 to implement an integrated, centralized customer service approach for in-person and by-phone interactions at City Hall entitled 'Service Peterborough'.

The initial estimated construction cost was $553,000 and Council created a $625,000 project budget. The tender was issued in March 2024 and closed in early May 2024 with bids on the work coming back at between $661,715 and $1,784,991. Awarding the project to the lowest bidder would have required an increase to the project budget.

Factors that affected the construction cost included:

  • Removing an old vault room, which would require demolition, to create a new meeting room for customer service interactions
  • Updating the former tax office customer service counter that would no longer be required in order to convert it to offices/workspaces
  • Phasing the renovations to reduce disruptions to services at City Hall during the renovations

Canadian Canoe Museum municipal capital facility designation

Council approved a funding agreement with the Canadian Canoe Museum and designating the new Canoe Museum facility on Ashburnham Drive as a Municipal Capital Facility.

Designating the facility as a Municipal Capital Facility will exempt the property from taxation for municipal and school purposes.

In May 2021, Council approved the City contributing $4 million toward the new Canadian Canoe Museum facility on Ashburnham Drive and designating the property as a Municipal Capital Facility. The bylaw that is now being considered by Council will implement Council's direction to designate the property as a Municipal Capital Facility.

Council also approved in May 2021 that the City provide an annual Service Grant of $108,362, without further increases for eight years, to the Canadian Canoe Museum. The funding agreement implements the Council direction on the Service Grant commitment.

The Canoe Museum has constructed and is operating a new museum facility that is open to the public celebrating the world's largest collection of canoes, kayaks and paddled watercraft.

Asset Management Plan

Council approved the 2024 City of Peterborough Asset Management Plan.

The Asset Management Plan (the Plan) is a place to start the conversation about achievable service objectives. It is about communicating available options and alternatives, risks and service impacts, and the willingness to pay to deliver services.

The Plan currently projects an annual capital investment shortfall of approximately $135 million to meet existing service levels and accommodate planned growth.

The Plan is intended to be used to guide investment decisions to achieve long-term asset sustainability. Accepting the updated Asset Management Plan does not inherently create budget implications, however it will begin to assist in the decision-making process in upcoming budgets.

The Plan is:

  • A living document, based on currently available information that will improve year over year.
  • A report used to communicate the City's state of infrastructure assets and the estimated lifecycle expenditures required to sustain those assets.
  • Reports Levels of Service, performance measures, trends, risk.
  • A reference to inform decision making by using asset and service information as evidence.
  • A long-term planning guide - it is intended to be used as a means of guiding investment decisions to achieve long-term asset sustainability.
  • Intended to inform the budget - it reports how much we will need to spend, when we should anticipate spending and what the impacts are if we do not spend it.
  • Required to fulfill regulatory and/or provincial requirements to access funding grants.

The 2024 Plan currently includes 15 service areas with an estimated asset replacement value of $6.3 billion. The highest valued service areas are Wastewater ($1.86 billion), Stormwater ($1.77 billion), and Roads & Related Assets ($1.45 billion).

The state of the City's assets is a snapshot in time and uses a blend of age-based data and observed data. Based on the total asset replacement value, approximately 79% ($5.0 billion) of the City's assets are considered to be in fair condition or better.

Where assets may be rated poor or very poor (approximately $1.3 billion or 21% of the City's total asset replacement value), the City ensures that these assets will not represent a hazard or pose a health and safety risk. Generally, these are assets that may not be performing as intended. For example, a road segment considered to be in very poor condition would typically require significant resurfacing treatment or asphalt replacement. This does not mean the road is 'unsafe' for use, it means the road is not providing the same level of service and ride quality as a road rated in fair condition would provide.

Official Plan amendment - 1176 and 1182 Armour Rd.

Whereas 2160288 Ontario Inc. filed applications in 2019 to amend the City's Zoning By-law and the then in-effect Official Plan to support the development of a 7-storey, 76-unit residential building at 1176 and 1182 Armour Road ("the lands");

And whereas City of Peterborough staff recommended approval of 2160288 Ontario Inc.'s applications in a report dated July 6, 2020 based on a conceptual site plan design that situates the proposed apartment building on the east half of the properties with parking provided alongside Armour Road;

And whereas the Ontario Land Tribunal granted approval of 20160288 Ontario Inc.'s applications to amend the Zoning By-law and the then in-effect Official Plan consistent with staff's recommendation;

And whereas By-law 1985-211 requires the granting of Site Plan Approval under Section 41 of the Planning Act prior to construction of the proposed residential building;

And whereas on April 11, 2023, the Minister of Municipal Affairs and Housing approved a new Official Plan for the City of Peterborough that applies to all City decisions affecting planning matters, including Site Plan Approval, from that date forward;

And whereas 2160288 Ontario Inc. has expressed their current intent to pursue Site Plan Approval and construction of the proposed 76-unit residential building consistent with the plan previously considered by staff and the Tribunal;

And whereas Staff has determined that Section 4.4.3 of the City's new Official Plan conflicts with the conceptual site plan that formed the basis of Staff's previous recommendation and the Ontario Land Tribunal's decision;

And whereas Council has determined that it is desirable to support the proposed development, as shown on the conceptual site plan, which informed the land use changes supported by the Tribunal's 2022 decision to facilitate the proposed residential building and to help achieve the City's Housing Pledge to create 4700 new housing units by 2031;

Now therefore be it resolved that staff be directed to initiate a site-specific Official Plan Amendment in accordance with Section 17 of the Planning Act to remedy any conflict between the current Official Plan and the conceptual site plan considered before the Ontario Land Tribunal as part of their 2022 decision to ensure that any application for Site Plan Approval on the lands is consistent with the conceptual site plan presented to the Ontario Land Tribunal;

And further that due to its technical nature to implement a site-specific Ontario Land Tribunal decision, that the staff-initiated Official Plan Amendment be exempt from the review of the City's Planning Advisory Committee as otherwise required by By-law 17-169.