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HomeMy WebLinkAboutPLN 16-21Report to Planning & Development Committee Report Number: PLN 16-21 Date: April 6, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Draft Plan of Subdivision Application SP-2015-03 (R) Zoning By-law Amendment Application A 05/15 (R) Seaton TFPM Inc. Part Lots 17 to 19, Concession 4, Part Lots 17 to 21, Concession 5 Seaton Community Recommendation: 1.That Draft Plan of Subdivision Application SP-2015-03 (R), submitted by Seaton TFPM Inc. on lands being Part Lots 17 to 19, Concession 4, Part Lots 17 to 21, Concession 5, to establish a residential plan of subdivision on the Phase 1A lands consisting of 246 detached dwellings, 92 street townhouses and 15 rear lane townhouses for a total of 353 dwelling units, as shown on Attachment #3 to Report PLN 16-21, and the implementing conditions of approval, as set out in Appendix I, be endorsed; and 2.That Zoning By-law Amendment Application A 05/15 (R), submitted by Seaton TFPM Inc., to implement Phase 1A of Draft Plan of Subdivision SP-2015-03(R) on lands being Part Lots 17 to 19, Concession 4, Part Lots 17 to 21, Concession 5, be endorsed subject to the provisions contained in Appendix II to Report PLN 16-21, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment. Executive Summary: The subject lands are located in Seaton Neighbourhood 20: Thompson’s Corner (see Location Map, Attachment #1). While Draft Plan of Subdivision SP-2015-03 (R) represents all the developable land in Neighbourhood 20: Thompson’s Corner, this report and recommendations are for the Phase 1A lands only of the draft plan of subdivision. Consideration for the remainder of the draft plan will be the subject of a future recommendation report (see Neighbourhood 20: Thompson’s Corner Neighbourhood Plan, Attachment #2). Seaton TFPM Inc. have submitted applications for a Draft Plan of Subdivision and Zoning By-law Amendment to facilitate Phase 1A of a residential subdivision development. The Phase 1A lands are located west of Sideline 16 and south of the Fifth Concession Road. The Phase 1A lands includes 246 detached dwellings, 92 street townhouses and 15 rear lane townhouses for a total of 353 dwelling, two village green blocks and new municipal streets (see Applicant’s Submitted Plan, Attachment #3). The proposed Phase 1A lands of the draft plan of subdivision are appropriate and conform to the Central Pickering Development Plan, the Pickering Official Plan, and the Thompson’s Corners Neighbourhood policies. The approval to the Phase 1A lands of the draft plan does not prejudice the consideration of the balance of the draft plan of subdivision. The applicant is still working through numerous technical matters prior to the consideration of the balance of the subdivision. Report PLN 16-21 April 6, 2021 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 2 Accordingly, staff recommend that Council approve the Draft Plan of Subdivision Application SP-2015-03 (R), Phase 1A and endorse the implementing conditions of approval, as set out in Appendix I. It is also recommended that Zoning By-law Amendment Application A 05/15 (R) be approved and Council endorse the implementing zoning provisions, as set out in Appendix II and authorize staff to finalize and forward an implementing Zoning By-law to Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. 1. Background 1.1 Property Description In 2015, the Ontario Infrastructure and Land Corporation (OILC) submitted the original applications for zoning by-law amendment and draft plan of subdivision. A Statutory Public Meeting was held on October 5, 2015, for the applications. In 2018, OILC sold the subject lands to Seaton TFPM Inc., who revised the applications and are now requesting consideration of the first phase of development of the subdivision. The subject lands to this report, being the Phase 1A lands of SP-2015-03 (R), are located west of Sideline 16 and south of the Fifth Concession Road (see Location Map, Attachment #1). The subject lands have an area of approximately 15.3 hectares with approximately 679 metres of frontage along Sideline 16, and approximately 94 metres of frontage along the Fifth Concession Road. Surrounding the subject lands to the south and west are lands owned by the Province designated Seaton Natural Heritage System. To the east, in the Town of Ajax are open space lands. On the north side of the Fifth Concession Road are lands owned by the Region of Durham that are proposed for an EMS station. A parcel of land right at the south-west corner of the intersection of the Fifth Concession Road and Sideline 16 is a pioneer cemetery, which is located in the Town of Ajax. 1.2 Applicant’s Proposal The applicant has submitted applications for a Draft Plan of Subdivision and an implementing Zoning By-law Amendment to facilitate a residential development within the Seaton Community. The Draft Plan of Subdivision, as shown on Attachment #3, illustrates 246 lots for detached dwellings, 92 street townhouses (generally paralleling Sideline 16) and 15 rear lane townhouses in the northern portion of the lands. Two village greens are also proposed within the subdivision. Report PLN 16-21 April 6, 2021 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 3 2. Comments Received 2.1 Statutory Public Meeting of October 5, 2015 A Statutory Pubic Meeting was held on October 5, 2015 on the original application. It is noted that this Statutory Pubic Meeting considered 5 separate draft plans of subdivision and related zoning amendment applications that were submitted by OILC at the same meeting. The majority of comments provided related to the other four OILC draft plans of subdivisions that were being considered at that same meeting. 2.2 Statutory Public Meeting of March 2, 2020 A second Statutory Pubic Meeting was held on March 2, 2020 that dealt with only Draft Plan of Subdivision SP-2015-13. No members of the public who attended the meeting voiced comments regarding the proposed applications. Since the Statutory Pubic Meeting, comments have been received related to traffic concerns on Mulberry Lane, which is 1.6 kilometers west of the subject lands, and are matters related to the development of Draft Approved Plan of Subdivision SP-2009-11. 2.3 City Departments & Agency Comments 2.3.1 City of Pickering Engineering Services Department • no objection to the proposal for Phase 1A only; and • matters concerning detailed grading and drainage, stormwater management, construction management/erosion and sediment control, site servicing, detailed right-of-way design, utility locations, easements, tree compensation, fencing details, and-street tree planting will be further reviewed through conditions of draft plan of subdivision approval. 2.3.2 Region of Durham • the Region has no objection to the zoning by-law amendment and draft approval of the Phase 1A lands of the plan of subdivision subject to the Conditions of Draft Approval provided by the Region; • the proposal is consistent with the Provincial Policy Statement; • the proposed development conforms to the Growth Plan by supporting compact communities and efficiently using existing infrastructure; • the proposed applications conforms to the Durham Region Official Plan and the Central Pickering Development Plan; • sanitary sewer and municipal water supply will be made available with the extension of services; and • the Region will require the applicant to address matters such as, but not exclusive to, noise mitigation, archaeological potential, Environmental Site Assessment and Record of Site Condition, traffic and transit infrastructure during the further processing of the application. Report PLN 16-21 April 6, 2021 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 4 2.3.3 Toronto Region Conservation Authority (TRCA) • no objections to the approval of the zoning by-law amendment of the Phase 1A lands of the draft plan of subdivision subject to conditions of approval; and • technical matters can be addressed through the implementation of the conditions of approval. 2.3.4 Town of Ajax • has requested that the design of Sideline 16 address the Towns design requirements in terms of street tree planting, right-of-way width, intersection design, stormwater management, street lighting; and • that the future stormwater management facility for this subdivision accommodate stormwater from the cemetery and that the cemetery be appropriately buffered. 2.3.5 Durham Catholic District School Board • no objections to the proposal; and • the students generated by the proposed development can be accommodated by existing school facilities. 2.3.6 Durham District School Board • no objections to the proposal; and • the students generated by the proposed development can be accommodated by existing school facilities. 2.3.7 Other Agencies • no other agency that provided comments on the applications expressed any concern with the proposed land use; and • detailed design matters can be addressed in the fulfillment of the conditions of approval. 3. Planning Analysis 3.1 The draft plan of subdivision conforms to the Central Pickering Development Plan, the Pickering Official Plan and is consistent with the policies for the Thompson’s Corners Neighbourhood The subject applications are in conformity with the policies and provisions of the Central Pickering Development Plan (CPDP), the Pickering Official Plan, and the Thompson’s Corners Neighbourhood Plan. The draft plan of subdivision addresses matters such as land use, density, natural heritage preservation, sustainable development, servicing, and urban design in accordance with the policy documents. Report PLN 16-21 April 6, 2021 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 5 The CPDP sets out the principles and goals that outline the general development vision for the overall Seaton Urban Area, including the integration of new sustainable urban development while ensuring the protection, maintenance and enhancement of the natural heritage system. The objectives and policies of the CPDP are designed to achieve the vision of Seaton. The subject applications generally conform to the intent of the CPDP. The subject lands are within the Seaton Urban Area of the Pickering Official Plan. The Official Plan contains policies governing various land use designations, such as Residential Areas and Open Space System, both of which are located in the draft plan of subdivision. The Official Plan establishes various polices for such matters as density, intensity of land use and sustainability. The subject applications generally conform to the Pickering Official Plan. 3.2 The Phase 1A Subdivision Complies with the Seaton Sustainable Place-Making Guidelines The Seaton Sustainable Place-Making Guidelines address the urban design guidelines contained within the CPDP and expands upon the key design elements such as setting out minimum standards and benchmarks for plans of subdivision and site plans, and list the range of matters that are to be addressed in the development of the lands. The Guidelines also provide direction on the design of the public realm, built form and green infrastructure and buildings. The subdivision has been designed in accordance with the Guidelines and addresses the subdivision urban design requirements. Further design matters will be expanded upon in the required architectural control guidelines that will be required as a condition of draft plan approval. 3.3 Sideline 16 Reconstruction The applicant will be responsible for the reconstruction of Sideline 16 in the vicinity of the subdivision. As Sideline 16 is a boundary road next to the subdivision, the design will have to address both the City of Pickering and the Town of Ajax’s design requirements. The Town of Ajax has requested that the applicant plant 100 street trees along Sideline 16, being 1 tree for each dwelling unit that faces Sideline 16. 3.4 Consideration for the Remainder of the Draft Plan will be subject to a future Report The lands beyond the Phase 1A lands will be the subject of a future report. Technical matters such as stormwater management, grading and servicing are still being addressed by the applicant. Certain proposed land use matters are being reviewed and have not yet been finalized. Further, the consideration for density transfer from Draft Plan of Subdivision SP-2009-13 in the Lamoreaux Neighbourhood must be approved and in force prior to finalizing certain land uses. The density transfer is being considered through recommended Official Plan Amendment 42 to the Pickering Official Plan in the context of Report PLN 19-21 for Mattamy (Seaton) Ltd. Report PLN 16-21 April 6, 2021 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 6 3.5 Special Considerations for Development Next to the Pioneer Cemetery will be Included The subject draft plan abuts the Pioneer Cemetery located at the southwest corner of the intersection of Sideline 16 and Fifth Concession Road. This parcel of land is located within the Town of Ajax. As with any longstanding cemetery, special considerations are required for abutting development. The draft plan proposes to establish a buffer block on the west side and a servicing/walkway block on the south side of the of the cemetery. 3.6 A construction management plan will be implemented to minimize the impact of construction activities The impacts of the subdivision construction on the area resident will require specific staging to ensure properties are not isolated by road closure to reconstruct both the Fifth Concession Road and Sideline 16. The Recommended Conditions of Approval (see Appendix I) require that the applicants prepare and submit a Construction Management Plan to the satisfaction of the City’s Engineering Services, which addresses a variety of mitigation measures to be implemented during the construction process to minimize any noise, dust or traffic impacts. 3.7 Zoning By-law Amendment The subject lands are zoned “A” – Rural Agricultural Zone under Restricted Area Zoning By-law 3037, as amended, which currently permits a detached dwelling, home occupation, and various agricultural and related uses. Amendments are recommended to delete all of the subject Phase 1A lands from Zoning By-law 3037 and to add these lands to the new Seaton Zoning By-law 7364/14 in order to facilitate the implementation of the draft plans of subdivision. The existing performance standards of Seaton Zoning By-law 7364/14 for detached dwellings, street townhouses and rear lane townhouses will be applied to the proposed draft plan of subdivision. 3.8 Technical matters will be addressed as conditions of subdivision approval To ensure appropriate development, the City, Region TRCA and agency requirements have been provided as conditions of approval for the subdivision application. Technical matters to be further addressed include, but not limited to: • architectural treatment; • road design; • noise attenuation measures; • construction management/erosion and sediment control; • stormwater management; • on-site grading and drainage; • site servicing; • fencing; • street tree planting and tree compensation; and • parkland contribution. Report PLN 16-21 April 6, 2021 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 7 The draft conditions of approval set out in Appendix I to this Report address these and other matters. It is recommended that Council endorse these conditions. 4.Conclusion Staff support the applications for Phase 1A lands for draft plan of subdivision and rezoning. The proposed subdivision design is in keeping with lotting fabric of the Pickering Official Plan. The recommended zoning by-law provides for consistent development performance standards throughout the Seaton Community. Staff recommend that Council approve the Draft Plan of Subdivision and Zoning By-law Amendment applications, subject to conditions of approval as set out in Appendix I, and recommended zoning by-law provisions as set out in Appendix II. 5.Applicant’s Comments The applicants have been advised of and support the recommendations of this report. Appendices Appendix I Recommended Draft Plan Conditions for Draft Plan of Subdivision SP-2015-03 (R) Appendix II Recommended Zoning By-law Amendment for Zoning By-law Amendment A 05/15 (R) Attachments 1.Location Map 2.Neighbourhood 20: Thompson’s Corner Neighbourhood Plan 3. Applicant’s Submitted Plan Report PLN 16-21 April 6, 2021 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 8 Prepared By: Original Signed By Ross Pym Principal Planner, Strategic Initiatives Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO RP:CR:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 16-21 Recommended Draft Plan Conditions for Draft Plan of Subdivision SP-2015-03 (R) Recommended Conditions of Draft Approval Plan of Subdivision: SP-2015-03 (R) Part Lots 17 to 19, Concession 4, Part Lots 19 to 21, Concession 5 Seaton TFPM Inc. City of Pickering Section A – General 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by Korsiak Urban Planning, revised and dated February 17, 2021, which illustrates 25 blocks for 246 detached dwelling units, 4 blocks for 92 townhouse dwelling units, 2 blocks for 15 rear lane townhouses, 2 village green blocks, a servicing/walkway block, a buffer block, roadways and road widening blocks. 2. Prior to final approval of this plan for registration, the Director, City Development for the City of Pickering shall be advised in writing by: (i) The Region of Durham how Conditions A-1, and all conditions in Section B have been satisfied. (ii) The Toronto and Region Conservation Authority how all conditions in Section D have been satisfied. (iii) The Durham District School Board how all conditions in Section E have been satisfied. Section B – Region of Durham 1. The Owner shall prepare the final plan on the basis of the approved draft plans of subdivision (Part B) prepared by Korsiak Urban Planning, dated February 17, 2021, which illustrates 25 blocks for 246 detached dwelling units, 4 blocks for 92 townhouse dwelling units, 2 blocks for 15 rear lane townhouses, 2 village green blocks, a servicing/walkway block, a buffer block, roadways and road widening blocks. 2. The Owner shall name road allowances included in this draft plan to the satisfaction of the Regional Municipality of Durham and the City of Pickering. 3. The Owner shall submit plans showing the proposed phasing to the Regional Municipality of Durham for review and approval if this subdivision is to be developed by more than one registration. 4. The Owner shall agree in the area municipal subdivision agreement to implement the recommended noise control measures and warning clauses of the study titled, “Environmental Noise Assessment”, prepared by YCA Engineering Ltd., dated September 2020. The Owner shall agree in the subdivision agreement to implement the recommended noise control measures and warning clauses. The agreement shall contain a full and complete reference to the noise study (i.e., author, title, date and any revisions/addenda) and shall include any required noise control measures and warning clauses recommended in the study. Draft Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 2 5. Prior to final approval, the proponent shall submit the Stage 1, 2 and 3 Archaeological Assessments to the Ministry of Heritage, Sport, Tourism, and Culture Industries (MHSTCI). No demolition, grading or other soil disturbance shall take place on the subject property prior to a letter of clearance from MHSTCI being received by the Regional Municipality of Durham. 6. Prior to final approval, the Owner shall update the Phase Two Environmental Site Assessment study and any additional studies in accordance with the Region of Durham’s Site Contamination Protocol, up to and including a Record of Site Condition. 7. The Owner shall grant to the Region, any easements required to provide Regional Services for this development and these easements shall be in locations and of such widths as determined by the Region. 8. The Owner shall provide for the extension of such sanitary sewer and water supply facilities which are external to, as well as within, the limits of this plan that are required to service this plan. In addition, the Owner shall provide for the extension of sanitary sewer and water supply facilities within the limits of the plan which are required to service other developments external to this subdivision. Such sanitary sewer and water supply facilities are to be designed and constructed according to the standards and requirements of the Regional Municipality of Durham. All arrangements, financial and otherwise, for said extensions are to be made to the satisfaction of the Regional Municipality of Durham, and are to be completed prior to final approval of this plan. 9. The owner shall revise the draft plan as necessary to the satisfaction of the Region to accommodate any unforeseen technical issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or blocks, or reconfiguring the roads, lots, or blocks to the Region's satisfaction. 10. For the area in Phase 1A, prior to entering into a subdivision agreement, the Regional Municipality of Durham and the Trustee of the Regional Front Ending Agreement shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 11. For the area in Phase 2, prior to entering into a subdivision agreement, the Regional Municipality of Durham shall be satisfied that adequate water pollution control plant and water supply plant capacities are available to the proposed subdivision. 12. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the Region concerning the provision and installation of sanitary sewers, water supply, roads and other services. 13. That the Owner conveys sufficient road allowance to provide a minimum of 36.0 m for existing Whitevale Road. 14. That the Owner conveys a widening across Block 79 at the southwest corner of Brock Road and Whitevale Road. The required conveyance varies in width, measuring 24.50 metres from the original centerline of right of way at the west limit of Block 69 easterly to a point where it intersects with the existing streetline where it measures 23.30 metres from the original centerline of right of way. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 3 15. The Owner conveys a sight triangle of 15.0 metres x 15.0 metres at the intersection of Whitevale Road and Brock Road. 16. The Owner conveys a sight triangle of 15.0 metres x 15.0 metres and a minimum side road width of 20 metres at the intersection of Street ‘2’/Street ‘15’ and Brock Road and Street ‘10/Street ‘14’ and Brock Road. 17. The Owner conveys a sight triangle of 10.0 metres x 15.0 metres at the northeast quadrant and a 5 metres x 5 metres at the southeast quadrant at the intersection of Brock Road and Street ‘16’. 18. The Owner conveys a sight triangle of 10.0 metres x 15.0 metres at the southwest quadrant and a 5.0 metres x 5.0 metres at the northwest quadrant at the intersection of Brock Road and Elsa Storry Avenue. Section C – City of Pickering Financial 1. That the draft plan not receive final approval and registration unless the City of Pickering is satisfied that the Financial Impacts Agreement dated October 29, 2013, is in full force and effect and all conditions precedent set out in Article 2 of the said Agreement have been fulfilled or waived. Subdivision Agreement 2. That the Owner enters into a subdivision agreement with and to the satisfaction of the City of Pickering to ensure the fulfillment of the City’s requirements, financial and otherwise, which shall include, but not necessarily be limited to all of the City’s conditions of approval as issued by the City of Pickering. 3. The Owner hereby covenants and agrees that this agreement shall be deemed by the parties hereto and their successors and assigns, to constitute “other applicable law” within the meaning of the Building Code Act, S.O. 1992, c23, as amended, or any successor or replacement legislation and the City’s Chief Building Official shall not be required to issue, and the Owner hereby covenants and agrees not to request the issuance of, any building permit with respect to the Owners lands or part thereof until such time as the Owner has, in the unfettered opinion of the City, fully complied with all such provisions of the agreement as are capable of compliance prior to construction of dwellings. This provision may be pleaded as an estoppels in any court application brought by the Owners to compel issuance of a building permit. Zoning 4. That the implementing by-law for Zoning By-law Amendment Application A 05/15 (R) become final and binding. Street Name 5. That street names and signage to be provided to the satisfaction of the City of Pickering. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 4 Development Charges 6. That the Owner satisfy the City financially with respect to the Development Charges Act. 7. That the Owner agrees to submit progress reports for any DC reimbursable items identified through DC credits in a form satisfactory to the City of Pickering. Further, the Owner agrees to abide by the City’s requirements for matters dealing with DC credits. Phasing and Development Coordination 8. That if this subdivision is to be developed by more than one registration, the Owner will be required to submit a plan showing the proposed phasing, all to the satisfaction of the City. 9. That the Owner satisfy the City with respect to the disposition of future development blocks and acquisition of abutting part lots prior to draft plan registration. 10. That the Owner satisfy the City with respect to arrangements necessary to provide for coordination of services and roads with adjacent lands and any phasing of development that may be required. Architectural Control Guidelines 11. That the Owner, prior to the preparation of the subdivision agreement, shall engage a control architect, to the satisfaction of the Director, City Development Department, who will prepare streetscape/architectural control guidelines to the City’s satisfaction, approval all models offered for sale and certify that all building permit plans comply with the City’s approved guidelines. 12. That the Owner ensure that the engineering plans be coordinated with the streetscape/architectural control guidelines and further that the engineering plans coordinate the driveway, street hardware and street trees to ensure that conflicts do not exist, asphalt is minimized and all objectives of the streetscape/architectural control guidelines can be achieved. 13. That the Owner satisfy the City that the streetscape/architectural control guidelines contain appropriate design elements for development in proximity to heritage lots, that includes landscaping, house siting and design standards that have regard to compatible building types, colours and material palettes while having regard for modern building designs, techniques and materials. 14. That the Owner satisfy the City that the streetscape/architectural control guidelines contain appropriate design elements for townhouse dwelling units less than 5.0 metres wide that include special emphasis on sitting, massing and façade designs that is coordinated on an individual and block basis. Variation between units should be incorporated that includes a variety of architectural elements such as entry porch, dormers, material detailing and window treatment. Parks and Village Greens 15. That the Owner convey to the City of Pickering the village green blocks (Blocks 32 and 33) at no cost and in a physical condition acceptable to the City for parkland dedications, to the satisfaction of the Director, Engineering Services, in order to satisfy Section 42(1) of the Planning Act. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 5 16. That the Owner satisfy, to the satisfaction of the City of Pickering, that the Seaton Master Parks Agreement has been entered into and executed that establishes the requirements and process for parkland dedication in accordance with the Planning Act for the Seaton Neighbourhoods. 17. That prior to the City accepting any park or village green block, the Owner shall submit a facility fit plan with full grading information that demonstrates the park or village green block will function to the satisfaction of the City of Pickering , and where a park block abuts an elementary school site, the facility fit plan shall include: (i) consultation with the relevant school board, with regard for the objective/principles for the Seaton Master School/Park Joint Use Program, and (ii) identify proposed grading on the abutting school site to ensure the park and school site can function as a unit. 18. That the Owner shall pay for the cost of the City preparing a Seaton Master School/Park Joint Use Program (to a maximum of $20,000.00) to be prepared in consultation with the Durham School Boards, that will establish the principle for design, maintenance, and user responsibilities, and shall include but not be limited to: (i) design and construction of shared play fields, (ii) demarcate of areas of the park that will be for the exclusive use of the school during the weekdays (iii) maintenance of the shared fields and facilities, (iv) hours of operation and time of exclusive use, (v) location of joint accesses, (vi) the principles of joint-use agreement, and (vii) snow clearance of on-street parking and lay-by areas. Second Access 19. That the Owner satisfy the City with respect to providing two accesses that intersects with an existing street and is open to public traffic. 20. That the Owner construct a temporary secondary emergency access at no cost to the City for this draft plan if the two accesses referred to in Condition 19 have not been completed. The temporary access must be in a location and be designed to the satisfaction of the City. Fencing 21. That the Owner satisfy the City with respect to the provision of temporary and/or silt fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works. 22. That the Owner agrees to install a fence next to the school, park, village greens, trail heads and walkway block to the satisfaction of the City of Pickering. 23. That the Owner agrees to install a1.5 metre high black vinyl coated chain link fence where the lots abut a stormwater management block and a 1.2 metre high black vinyl coated chain link fence where lots are within 40 metres (30 metre buffer plus 10 metres) of a significant wetland feature within the NHS , in accordance with an environmental study or report, and as generally shown on the “NHS Fencing Plan” to be prepared by Bird and Hale Limited which is to be completed to the satisfaction of the City of Pickering. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 6 24. That the Owner agrees to install a fence adjacent to or backing onto lands having conflicting land uses, such as, commercial or recreational. 25. The owner install a 1.8m high security fence as per City of Pickering Standards around the perimeter of the Stormwater Management (SWM) facility to the satisfaction of the City of Pickering. Should the SWM facility require expansion due to additional lands draining to it, the owner shall arrange for additional fence to be installed. 26. That the Owner satisfy the City respecting the provision of appropriate aesthetic details and design of all boundary fencing and noise attenuation fencing in locations recommended by the approved noise study for the subdivision. 27. That the Owner provide a fixed payment satisfactory to the City to provide for the long term maintenance and repairs of items such as enhancements to fences, entrance feature walls, medians that exceed the City’s normal standards and which are requested by the subdivider. Noise 28. That the Owner satisfy the requirements of the Ministry of the Environment Conservation and Parks regarding the approval of a noise study recommending noise control features to the satisfaction of the Region of Durham, and the City of Pickering. 29. That the Owner agrees in the subdivision agreement to implement noise control measures and warning clauses as recommended in the noise report as approved by the City of Pickering. Archaeology Monitor 30. That the Owner submits an archaeology monitor report, preferably of First Nations’ ancestry, if available, for any significant mitigative excavation activities, on known pre-contact archaeological sites. The purpose of this monitor would be to work co-operatively with the applicant’s licensed professional archaeologist in order to report back on the results of the mitigative excavation activities to interested First Nations to the satisfaction of the City of Pickering. Construction Management Plan 31. That the Owner make satisfactory arrangements with the City respecting a construction management plan, such Plan to contain, among other things: (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls as per the Erosion & Sediment Control Guideline for Urban Construction; (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets or the proposed public street; (iii) insurance that the City’s Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; (iv) the provision of mud and dust control on all roads within and adjacent to the site; (v) type and timing of construction fencing; (vi) location of construction trailers; and (vii) details of the temporary construction access. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 7 Landscaping 32. That the Owner agrees to submit a Subdivision Landscape and Fencing Plan, with respect to the provision of fencing and landscaping for the draft plan of subdivision, to the satisfaction of the Director, Engineering Services. Such Plan shall include a 1.5 metre black vinyl chain link fence in all required locations, and the location and design of all wood or acoustic fencing required by the plan of subdivision. 33. That the Owner submits a street tree planting plan to the satisfaction of the City. 34. That the Owner plant a minimum of 100 street trees along the west side of Sideline 16. The intent is to provide one tree per dwelling unit that faces onto Sideline 16. If the boulevard space is not sufficient in size to accommodate the 100 street trees, the outstanding balance of street trees shall be compensated with further cash-in-lieu payment of $500.00 per tree. This specific cash-in-lieu for Sideline 16 boulevard trees shall be paid to the Town of Ajax. 35. That the Owner satisfy the Director, Engineering Services with the submission of a tree preservation plan which will illustrate the protection of trees and other natural features where appropriate, with specific attention to preservation in all pubic open spaces within the draft plan of subdivision prior to the approval of a preliminary grading plan. This tree preservation plan shall also be required for all development areas that abut Whitevale Road west of Sideline 22. Engineering Plans 36. That the Owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing and tree planting, and financially-secure such works. 37. That the Owner revise the draft plan, as necessary to the satisfaction of the City to accommodate any unforeseen technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or reconfiguring the roads or lots to the City’s satisfaction. 38. That the Owner satisfy the City of Pickering for contributions for development review and inspection fees. Easement 39. That the Owner convey to the City, at no costs: any easements as required; and, any reserves as required by the City. 40. That the Owner convey any easement to any utility to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility. 41. That the Owner arrange at no costs to the City any easements required on third party lands for servicing and such easements shall be in a location as determined by the City and/or the Region and are to be granted upon request at any time after the draft approval. 42. That the Owner satisfy to the satisfaction of the Director, Engineering Services any required easement for works, facilities or use rights that are required by the City of Pickering. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 8 Stormwater 43. That the Owner satisfy the Director, Engineering Services respecting a stormwater drainage and management system to service all the lands in the subdivision, and any provisions regarding easements. 44. That the Owner satisfy the Director, Engineering Services for contributions for downstream stormwater management in accordance with the approved Neighbourhood Functional Servicing and Stormwater Report. 45. That the Owner satisfy the Director, Engineering Services for design and implementation of diversion of stormwater from off-site lands as proposed in an approved Neighbourhood Functional Servicing and Stormwater Report. 46. An access road for maintenance purposes will be required for all stormwater management facilities and if required for LID measures and the associated outfall for this draft plan. Access road to be as per the City's Stormwater Management Design Guidelines. 47. The Owner shall obtain all required easement or conveyance of lands required for all stormwater management facilities, LID measures and the associated outfall to the satisfaction of the City of Pickering prior to registration of the plan of subdivision. 48. That the Owner agrees that no stormwater management pond will be built and/or preliminarily graded until all permits and/or approvals are received from the City, TRCA, MNRF and/or MECP, as necessary. 49. That the Owner agrees that all stormwater management facilities and LID Measures will be designed to be consistent with the City of Pickering Stormwater Management Design Guidelines and TRCA’s Low Impact Development Stormwater Management Planning and Design Guidelines (2013 standards). Grading 50. That the Owner satisfy the Director, Engineering Services respecting submission and approval of a grading control plan. 51. That the Owner satisfy the Director, Engineering Services respecting the submission and approval of a geotechnical soils analysis. 52. That the Owner satisfy the Director, Engineering Services respecting the authorization from abutting land owners for all off-site grading. 53. That the Owner submits to the City a Landform Conservation Study, for any subdivision abutting Whitevale Road between the Whitevale Hamlet and Sideline 22, if required, to the satisfaction of the City of Pickering to demonstrate to the extent practical the topography of the draft plan of subdivision. Services 54. That the Owner satisfy the Director, Engineering Services respecting construction of roads with curbs, storm sewers, sidewalks and boulevard designs through the submission and approval of a site servicing plan. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 9 55.That the Owner satisfy the City respecting arrangements for the provision of all services required by the City. 56.That the Owner satisfy the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services. 57.That the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the subdivider. Other Approvals 58.That any approvals which are required from the Region of Durham, the Toronto and Region Conservation Authority, Ministry of Natural Resources and Forestry, Ministry of Environment Conservation and Parks or any utility for the development of this plan be obtained by the subdivider, and upon request written confirmation be provided to the City of Pickering as verification of these approvals. MESPA & NFSSR 59.That the Owner satisfy the City of Pickering regarding all matters required by the final Seaton Master Environmental Servicing Plan Amendment, including but not limited to the funding of all restoration projects as recommended in the final Seaton Master Environmental Servicing Plan Amendment and any recommendation of the studies and their supporting reports. 60.The subdivision agreement will provide that road crossings of the NHS shall be in accordance with municipal standards and the final MESPA and NFSSRs. Any restoration of the NHS will be limited to areas disturbed by development construction activities. 61.That the Owner be required to submit a Functional Servicing and Stormwater Report (FSSR) to the City of Pickering that is consistent with the final approved MESPA and the previously submitted Neighbourhood Functional Servicing and Stormwater Report (NFSSR), especially as it relates to the servicing and stormwater management issues within and between Neighbourhoods that will ensure that the separate FSSR’s will combine to form a complete NFSSR as required, to the satisfaction of the City of Pickering. 62.That the Owner shall agree to implement all water balance/infiltration measures identified in the approved NFSSR. Traffic – Roads 63.That the owner satisfy the City of Pickering respecting the submission of, approval of, and implementation program for the results of, the Hamlet of Whitevale Traffic Impact and Management Study, as generally referred to in Section 11.74(c) of the Pickering Official Plan. The City of Pickering will undertake a community consultation program on the recommendations of the study prior to the City’s approval and implementation of any of the studies recommendations. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 10 64.That the Owner agrees in the subdivision agreement to the requirement for the establishment of a public advisory committee composed of representatives from the owner, the Region of Durham, the City of Pickering, and the Whitevale and District Residents' Association. This committee will meet regularly during construction, and once per year during the monitoring period described in the Hamlet of Whitevale Transportation Mitigation Study, to review the effectiveness of traffic mitigation measures and provide any recommendations to the City. 65.That the Owner agrees in the subdivision agreement to include warning clauses (to be included in all agreements of purchase and sale) advising that Whitevale Road will be closed to vehicular traffic immediately east of the Hamlet of Whitevale as shown in the draft Hamlet of Whitevale Transportation Mitigation Study dated August 2013. 66.That the Owner of all draft plans that abut Whitevale Road, west of Sideline 24, shall submit a traffic calming strategy to the satisfaction of the City of Pickering. 67.That the Owner reconstruct and urbanize, at their cost, Sideline 16 from the Fifth Concession Road to the southern limit of in the subdivision to the satisfaction of the City of Pickering. 68.That the Owner satisfy the City of Pickering respecting the submission of, approval of, and implementation program for the results of, a Traffic Sensitivity Analysis as required by Section 11.25 of the Pickering Official Plan, and shall include: a Traffic Impact Study; an intersection control plan; a traffic signal implementation program; a Traffic Management Implementation Plan; a transportation planning exercise; a Transportation Demand Management Plan; and, a Parking Management Plan. 69.That the Owner satisfy the City of Pickering that appropriate arrangements have been established for the installation of traffic control signals, including all costs, in a time frame acceptable to the City of Pickering, which may include installation of signals in advance of warrants. 70.That the Owner shall install a temporary turning circle or other alternatives approved by the City of Pickering whenever a road is to be continued in future developments. 71.That the Owner shall agree that any road connection that traverses the NHS must be acquired, constructed and dedicated as part of the development and be addressed in the subdivision agreement and the design shall maintain, to the extent practical, where not precluded by grading or other servicing constraints, the rural cross section of the historic concession roads. 72.That the Owner satisfy the City of Pickering respecting the submission of a future transportation study as required by Section 11.74(b) of the Pickering Official Plan and the Owner acknowledge and agree that any lands that are outside the Phase I lands identified in the Stage Servicing and Implementation Strategy shall be subject to a holding zoning provision. 73.That the Owner satisfy the City of Pickering respecting the submission of a transportation study where direct access is proposed along any Type “C” Arterial Road or a Collector Road. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 11 Closed Roads 74. That the Owner make appropriate arrangements for the conveyance of any City owned surplus closed road allowances, including the preparation of all required survey works, to the satisfaction of the City of Pickering. Model Homes 75. That the Owner enter into a model home agreement with the City, if applicable for this draft plan. All model homes must satisfy all requirements of the architectural control guidelines for the subdivision. Trail Heads 76. That the Owner construct to the satisfaction of the City of Pickering trail heads within or abutting the draft plan and described as within or west of Block 32, within or west of Block 33, west of Street 20,all to the satisfaction of the City of Pickering. Further Owner construct a trail connecting the above noted trail heads to the satisfaction of the City of Pickering. This will including all responsibilities for obtaining the necessary easements for the trail located in the Seaton Natural Heritage System. Fire 77. That the Owner agrees that no building permit shall be approved on any land within the subdivision until adequate services are available including adequate water pressure to the satisfaction of the City’s Fire Services Division. Building permits for infrastructure projects may be exempt from this requirement. 78. That the Owner provide a fire break plan and other fire prevention measures to the satisfaction of the City of Pickering. Development Block 79. That the Owner satisfy the City of Pickering with respect to a program or undertaking for the disposition of future development block and acquisition of abutting part lots prior to registration. This may require properties merging on title and that no building permit shall be requested until any land assembling has been completed to the satisfaction of the City of Pickering. Canada Post 80. That the Owner satisfy the City of Pickering, through the approval of a Utility Coordination Plan for the location of a Community Mailbox, in consultation with Canada Post, and incorporate in the City’s subdivision agreement the provision of a Community Mailbox information including technical specifications, notifications and financial terms. 81. That the Owner agree to determine and provide a suitable temporary Community Mailbox location, if required, to the satisfaction of the City of Pickering. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 12 Heritage Lots 82. That the draft plan be appropriately revised surrounding any abutting heritage lot as identified on the Neighbourhood Plan, to the satisfaction of the City of Pickering, to ensure a proper relationship between the heritage property and the new development. This revision may include a modification to the lotting and/or road pattern and may result in a different dwelling form and loss of lots. 83. That the applicant submits a Pre-Condition Survey for any abutting residential dwelling or any listed/designated heritage structure that is located within 30 metres of the limit of development of the draft plan. The findings of the study and survey must be prepared by a qualified professional and should be undertaken prior to any earthwork or construction next to the subject property and, where an owner of the abutting residential dwelling or any listed/designated heritage structure that is located within 30 metres of the limit of development of the draft plan refuses to allow entry into the dwelling, this condition will be deemed to have been satisfied. Place-Making Guidelines 84. That the Owner shall ensure all development is consistent with the City of Pickering’s Sustainable Place-Making Guidelines, including but not limited to, all public lands to the satisfaction of the City of Pickering. Plan Revisions 85. The Owner acknowledge and agree that the draft plan of subdivision and associated conditions of approval may require revisions, to the satisfaction of the City of Pickering to implement or integrate any recommendation resulting from studies required as conditions of approval. 86. That the Owner revise the draft plan, as necessary to the satisfaction of the City to accommodate any unforeseen technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or reconfiguring the roads or lots to the City’s satisfaction. 87. That the Owner agree to implement the requirements of all studies that are required by the City of Pickering for the development of this draft plan of subdivision to the satisfaction of the City of Pickering. Timing 88. That the owner, agree in the subdivision agreement that it will not commence any construction works (including site servicing, topsoil stripping and grading) on the subject property until the front ending agreement contemplated by the Region of Durham Condition 11 has been executed for the plan. Endangered Species Act 89. That the owner satisfy the Endangered Species Act prior to any site alteration and the City be provided by the Owner with confirmation from the Ministry of Natural Resources and Forestry of their approval. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 13 Staged Servicing and Implementation Strategy 90. Prior to final approval, the Seaton Landowners shall confirm that the total number of units for Phase 1 does not exceed 9,800 single-detached equivalent units, to the satisfaction of the City of Pickering, Durham Region, and York Region. For all plans of subdivision, and condominium within the Phase 2 area, or any phase beyond Phase 1, the Holding (H) Zone provisions of Section 36 of the Ontario Planning Act shall be used in order to ensure that final plan approval and development of these lands does not occur until such time as the Holding (H) symbol is removed in accordance with the provisions of the Ontario Planning Act. The Zoning Bylaw shall specify the terms under which Council may consider the removal of the Holding (H) symbol. Said terms shall include a minimum of the following: (i) The completion of a transportation study identifying the need, and if warranted, the extent and timing of additional transportation improvements, external to the Seaton Community and Durham Region that may be required to support development beyond the first phase as outlined in the Staged Servicing and Implementation Strategy. The transportation study is to be undertaken by the landowners in consultation with the City of Pickering, Durham Region, City of Toronto and York Region and shall be in accordance with Policy 11.74(b) of the Pickering Official Plan, as amended by Pickering Official Plan Amendment 22. (ii) The City is satisfied that the transportation improvements identified in the transportation study referred to in (i) above as required to support the development of the subsequent phase to be released from the H - holding provision will be provided in accordance with the timing recommended by the transportation study, and that satisfactory arrangements are in place for the funding of those transportation improvements. Agreement Clauses 91. The subdivision agreement between the Owner and the City of Pickering shall contain, among other matters, the following provisions: 92. That the Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997. 93. That the Owner submit, to the satisfaction of the City, an M-plan showing the lotting for the detached dwellings that demonstrates conformity with the designation provisions of the City of Pickering Official Plan. 94. That the Owner agrees to implement those noise control measures recommended in the noise report required in Condition 28. 95. That the Owner agrees to implement the requirements of the TRCA’s conditions of approval in the City’s subdivision agreement in wording acceptable to the City of Pickering in consultation with TRCA. 96. That the Owner agrees to design and implement on-site erosion and sediment control. 97. That the Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the City of Pickering, in consultation with TRCA and/or MNRF. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 14 98. That the Owner agrees to commit to provide appropriate information to all perspective buyers of lots adjacent to the publicly owned natural heritage system through all agreements for purchase and sale, sales information, and community maps to ensure that the land owners are well informed that private use and/or access to the open space blocks shall not be permitted, and reflect the intent of the following: “The open space adjacent to the subject property is considered to be part of the publicly owned natural heritage system and will be maintained for environmental protection, and public use purposes. Please note that uses such as private picnics, barbeque or garden areas; and/or the dumping of refuse (e.g., grass/garden clippings household compostable goods, garbage etc.) are not permitted on these lands. In addition, access to the valley corridor such as private rear yard gates and/or ladders are prohibited.” “Stormwater Management Facilities and the Natural Heritage System are intended to be naturalized/kept in a natural state. As such, the publicly owned natural heritage system may not receive routine maintenance such as grass and weed cutting.” 99. That the Owner agrees to include provisions whereby all offers of purchase and sale shall include information that for all dwelling units with a single car garage that the City’s by-laws require two parking spaces for the dwelling which have been provided, one in the garage and one in the driveway and that the City’s by-law restricts the width of the driveway to a maximum size width which does not allow two cars parked side by side. Section D – Toronto and Region Conservation Authority 1. That prior to the installation of servicing and prior to the registration of Phase 1A of this Draft Plan of Subdivision, the owner shall submit the following to TRCA’s satisfaction. Nothing in this condition prohibits the construction of regional infrastructure. a. Pre-consultation and an agreed-upon approach for any studies, reports or strategies requested by the TRCA in these conditions to the satisfaction of the TRCA where specified prior to the preparation of these studies, reports or strategies. b. A signed agreement with an environmental monitoring professional certified by CISEC, which has the effect of ensuring that all environmental controls including stormwater management and ESC controls identified in the Erosion and Sediment Control Report and Plans for the subdivision, will be monitored and, if necessary, immediately corrected. c. Detailed plans illustrating the topsoil stripping and replacement proposal including, but not limited to, the locations, staging and methodology, to ensure the soils will be appropriate for use in the LID Strategy referred to in Condition No. 2(b)(iv). d. A revised Scoped Environmental Impact Study for Phase 1A. e. An Erosion and Sediment Control Report and Plans consistent with the Erosion and Sediment Control Guideline for Urban Construction (Greater Golden Horseshoe Area Conservation Authorities, 2007, as amended), that includes proposed measures for controlling or minimizing erosion and siltation on-site. and/or in downstream areas during and after topsoil stripping, grading, the installation of infrastructure and construction of any structures. In addition the ESC Report and Plans shall include temporary feature based water balance measures including water quality treatment that will be implemented in the interim until the final LID Strategy is operational. Such ESC Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 15 Report and Plans must be consistent with the principles outlined in the FSSR and will be coordinated with the ESC Plans for subdivisions within the surrounding development context. f. Detailed plans and studies associated with the SWMF outfalls including geomorphology, erosion protection, grading, and restoration/compensation. 2. That prior to the initiation of the installation of servicing and prior to the registration of the affected phase of this Draft Plan of Subdivision, the Owner shall prepare and submit the following to TRCA satisfaction: a. A five (5) year monitoring program for Wetland U9 and a properly secured Letter of Credit provided for in the subdivision agreement. b. A detailed engineering submission to include: i. A description of the storm drainage system (quantity, quality and erosion control) for the proposed development; ii. Plans illustrating how this drainage system will tie into surrounding drainage systems (i.e., how external flows will be accommodated, the design capacity of the receiving system); iii. Appropriate stormwater management techniques which may be required to control minor and major flows; iv. Implementation of the Low Impact Development Strategy identified in the Low Impact Development Strategies section of the FSSR and the Minutes of the Meeting held at the City of Pickering dated June 24, 2013; v. Updated storage and release rate requirements for stormwater management facilities to reflect changes in drainage patterns and impervious rates, as per the revised Duffins Creek Hydrology Update (DCHU); vi. Plans and designs illustrating how the feature-based water balance targets and objectives for the natural features (i.e., forest, wetlands, headwater drainage features) identified in the approved FSSR will be achieved, including an update of the existing analysis as required. The designs shall include flexibility for adaptive management to respond to monitoring results and any interim strategies required; vii. Detailed designs of infrastructure crossings in the Natural Heritage System to avoid, minimize and mitigate impacts to natural features and their functions; viii. Detailed designs of stormwater management ponds, LID facilities and site design based on subsurface groundwater and geotechnical investigations; ix. Where required, evaluation of the need for groundwater dewatering during construction, including but not limited to details for its disposal, potential impacts to natural features due to groundwater withdrawal, mitigation and any permitting requirements; x. Grading plans for the subject lands to include plans and details regarding areas where grading is proposed in the Natural Heritage System, including how the works will be minimized in accordance with the policies in OPA 22; xi. Plans illustrating how the design of SWM facilities considers LID design features; and Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 16 xii. The location, description and details of all outlets and other facilities or works which may require permits from the TRCA pursuant to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 166/06). c. A comprehensive mitigation and or compensation plan for any encroachment into the Seaton Natural Heritage System including, but not limited to, stormwater outfall and associated LID infrastructure to be located within the Seaton Natural Heritage System. d. A comprehensive Planting Plan for the SWMF, disturbed areas or LIDs within the Seaton Natural Heritage System consistent with TRCA’s SWM Pond Planting Guidelines, or as amended. e. A Trails Impact Study that addresses trails, trailheads, and passive spaces within the Seaton Natural Heritage System where proposed as part of Phase 1A. 3. That the owner agrees in the subdivision agreement, in wording acceptable to the TRCA: a. To carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the reports and details of the plans referenced in Conditions 1 and 2; b. To implement erosion, sediment and topsoil management consistent with the Erosion Sediment and Topsoil Management Control Plans at all times; c. To install and maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the TRCA; d. To obtain all necessary permits from the TRCA pursuant to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 166/06), as amended, to the satisfaction of the TRCA; e. To provide the Owner’s percent contribution to the aquatic habitat compensation plan identified in MESP, Section F2.1, if required; f. To erect a permanent fence to City of Pickering satisfaction along the property line of the residential lots and, where appropriate, along roads where they abut the Seaton Natural Heritage System; g. To ensure that a restrictive covenant is placed over the rear yards of all lots created adjacent to the Seaton Natural Heritage System. The restrictive covenant shall have the effect of prohibiting: 1) the removal of fences along the lot line of all subject development lots; and 2) the installation of gates or other access through the fences along the lot line of all development lots; h. To implement a landowner education program which includes preparing a “Landowner Information and Natural Stewardship Guide” to the satisfaction of the Director City Development and the Director, Culture and Recreation for inclusion in all Offers of Purchase and Sale of all Units. This guide shall describe the value and importance of the natural Heritage System, the impact landowner activities can have on natural areas, and steps which can be taken to minimize such impact in order to assist in protection of the Natural Heritage System. The guide shall address such activities, where applicable, as: Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 17 i. Refuse/yard waste/composting; ii. Fertilizer, herbicides and pesticide use as it relates to the hydrogeological features and functions of the site; iii. Identification and protection of natural areas, vegetation preservation zones, rehabilitation areas and landscape buffer plantings; iv. Access and trail use discouraging vegetation trampling; v. Domestic pet impacts and controls; vi. Invasive plant spreading; vii. Promoting planting of native species; viii. Proper swimming pool management techniques; ix. Impacts of noise and lighting including directing lighting away from wooded and natural areas and setting with motion detectors to minimize constant lighting; x. Protection of soil and vegetation on natural areas; xi. the ecological role of stormwater treatment facilities; and xii. The importance of choosing sustainable technologies and maintaining the required LID facilities. 4. That a copy of the fully executed subdivision agreement be provided to the TRCA by the owner, when available, in order to expedite the clearance of conditions of draft plan approval. Section E – Durham District School Board 1. That the following “Notice to Parents” be inserted in all agreements of purchase and sale between the Owner and all prospective homebuyers. “Students from this development may have to attend existing schools. Although a school site has been reserved within this plan of subdivision, a school may not be constructed for some time, if at all, and then only if the Ministry of Education authorizes funding and construction of this required school.” 2. That the Owner agrees to post the standard Durham District School Board approved “Notice to Parents” in all sales presentation centers. The “Notice to Parents” reads as follows: “Students from this development may have to attend existing schools. Although a school site has been reserved within this community, a school may not be constructed for some time, if at all, and then only if the Ministry of Education authorizes funding and construction of this required school.” Section G – Notes to Draft Approval 1. As the Owner of the proposed subdivision, it is your responsibility to satisfy all conditions of draft approval in an expeditious manner. The conditions of draft approval will be reviewed periodically and may be amended at any time prior to final approval. The Planning Act provides that draft approval, may be withdrawn at any time prior to final approval. 2. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 18 3. Where agencies' requirements are required to be included in the City of Pickering subdivision agreement, a copy of the agreement should be sent to the agencies in order to facilitate their clearance of conditions for final approval of this plan. The addresses and telephone numbers of these agencies are: (i) Commissioner of Planning and Economic Development, Planning and Economic Development Department, Regional Municipality of Durham, 605 Rossland Road East P.O. Box 623, Whitby, Ontario L1N 6A3 905.668.7711. (ii) The Toronto and Region Conservation Authority, Development Planning and Regulation, 101 Exchange Avenue, Vaughan, Ontario, L4K 5R6, 416.661.6600. (iii) Durham District School Board, Facilities Services, 400 Taunton Road East, Whitby, Ontario, L1R 2K6 Appendix II to Report PLN 16-21 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 05/15 (R) The Corporation of the City of Pickering By-law No. XXXX/21 Being a By-law to amend Restricted Area (Zoning) By-law 7364/14, to implement the Official Plan of the City of Pickering, Region of Durham, for land at Part Lots 17 to 19, Concession 4, Part Lots 19 to 21, Concession 5, City of Pickering (A 05/15 (R)) Whereas the Council of The Corporation of the City of Pickering received an application to rezone portions of the subject lands being Part Lots 17 to 19, Concession 4, Part Lots 19 to 21, Concession 5, in the City of Pickering to permit the implementation of a draft plan of subdivision; and And whereas an amendment to Zoning By-law 7364/14, is deemed necessary to permit the requested revisions; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule I Schedule I attached hereto with notations and references shown thereon are hereby declared to be part of this By-law. 2. Area Restricted The provisions of this By-law shall apply to those lands in Part Lots 17 to 19, Concession 4, Part Lots 19 to 21, Concession 5, in the City of Pickering, designated “LD1, LD1-T, OS,” on Schedule I attached hereto. 3. General Provisions No building, structure, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. By-law 3037 The provisions of By-law 3037 of the City of Pickering, and the associated amendments, are repealed in the areas that are covered by this By-law as shown on Schedule I to this By-law. 5. By-law 7364/14 By-law 7364/14, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I to this By-law. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 7364/14. Draft By-law No. XXXX/21 Page 2 6. Effective Date This By-law shall come into force in accordance with the provisions of the Planning Act. By-law passed this XX day of XXXX, 2021. ___________________________________ David Ryan, Mayor ___________________________________ Susan Cassel, City Clerk Draft Draft Fifth Concession Road Sideline 16OSLD1-TLD1-T OS LD1 OS Clerk Mayor Schedule I to By-LawPassed ThisDay of i NXXXX/21XXrd XXXX 2021 68.0m 68.0m 135.2m 97.6m211.3m165.1m133.3m150.6m63.6m57.3m63.6m82.0m 29.0m 50.7m64.6m 27.0m 82.7m 71.5m 736.0m678.2m51.8m 73.4m 53.8m Attachment #1 to Report PLN 16-21 BrockRoadHighway 40 7 ElsaStorryAvenue © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.;© Her Majesty the Queen in Right of Canada, Department of Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers all rights reserved.; © Municipal Property Assessment Corporation and its suppliers all rights reserved.; City DevelopmentDepartment Location Map - Phase 1AFile:SP-2015-03 & A05/15 Date: Mar. 03, 2021 ¯ESubject Lands(Phase 1A) L:\PLANNING\01-MapFiles\SP\2015\SP-2015-03 & A0515\SP2015-03 A0515_LocationMap.mxd 1:12,000 SCALE:THIS IS NOT A PLAN OF SURVEY. Property Description:Part of Lot 17, Concession 4; Now Part 1 of 40R-29370Applicant:Seaton TPFM Inc Attachment #2 to Report PLN 16-21 Neighbourhood 20: Thompson's Corners Attachment #3 to Report PLN 16-21 Submitted Plan - Phase 1A City Development Department March 3, 2021FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2015-03 (R) & A05/15 (R) Property Description: DATE: File No: Part of Lot 17, Concession 4; Now Part 1 of 40R-29370 L:\Planning\01-MapFiles\SP\2015 Applicant: Seaton TPFM Inc N Phase 1A Subject Lands