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HomeMy WebLinkAboutBy-law 6057/02PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM November 7, 2002 To: From: Subject: Bruce Taylor City Clerk Ross Pym Principal Planner- Development Review Draft Amending By-law for Zoning By-law Amendment Application A 09/01 Rosebank Garden Homes Inc. on behalf of I. E. Holmes Part of Lot 31, Concession 2 2030 Rosebank Road City of Pickering On June 17, 2002, City Council recommended approval of Zoning By-law Amendment Application A 09/01 to permit the development of a plan of subdivision on the subject lands. The attached draft by-law has been circulated to and approved by the applicant. The conditions of approval, related to the forwarding of the implementing by-law have been satisfied. The associated draft plan of subdivision SP-2001-02 has been appealed to the Ontario Municipal Board by an adjacent land owner. The applicant has requested that City Council consider the attached implementing by-law in order to resolve all issues at the Ontario Municipal Board. A Statutory Public Meeting was held for this application on August 9, 2001. The purpose and effect of this by-law is to amend the zoning of the subject lands to permit the development of detached dwelling units, and semi-detached dwelling units. The By-law also zones a portion of the land open space. 18 Draft Amending By-law for Zoning By-law Amendment Application A 09/01 November 7, 2002 Page 2 If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. Director, P~ DeVelopment TB:td Tbamett~Holmes. bylaw memo.doc Attachment CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6057p2 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 31, Concession 2, in the City of Pickering. (SP-2001-02, A 9/01 ) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit the development of detached and semi-detached residential dwellings; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations and references shown thereon hereby declared to be part of this By-law. is AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 31, Concession 2, designated "S5-2 ", "SD-7" and "OS-HL" on Schedule I attached hereto. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By- law. DEFINITIONS In this By-law, (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwellin.q, Sin.qle or Sinale Dwelling" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwelling, Detached or Detached Dwellinq" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; (e) "Dwelling, Semi-Detached or Semi-Detached Dwellinq" shall mean one of a pair of single dwellings, such dwellings being attached above grade by a common wall which extends from the base of the 2 (2) (3) (4) (5) foundation to the roof line and for a horizontal distance of not less than 6 metres; (a)"FIoor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) (a) __ "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontaqe" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (a) __ (b) (c) (d) (e) (f) (g) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (h) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; "Flanka,qe Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; 3 (i) (J) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; "Interior Side Yard" shall mean a side yard other than a flankage side yard. PROVISIONS (1) (a) (b) Uses Permitted ("S5-2" Zone) No person shall within the lands designated "S5-2" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwelling residential use; Zone Requirements ("S5-2" Zone) No person shall within the lands designated "S5-2" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) (ii) (iii) (iv) LOT AREA (minimum): LOT FRONTAGE (minimum): FRONT YARD DEPTH (minimum): SIDE YARD WIDTH (minimum): (v) (vi) (vii) (viii) (ix) (x) FLANKAGE SIDE YARD WIDTH (minimum): REAR YARD DEPTH (minimum): LOT COVERAGE (maximum): BUILDING HEIGHT (maximum): 250 square metres; 9.0 metres; 4.5 metres; 1.2 metres one side and 0.6 metres on the other side; 2.7 metres; 7.5 metres; 48 percent; 12.0 metres; maximum one PARKING REQUIREMENTS: A minimum one private garage per lot attached to the main building, any vehicular entrance of which shall be located not less than 6 metres from the front lot line, and not less than 6 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; B no part of any attached private garage shall extend more than 2.5 metres beyond the wall containing the main entrance to the dwelling unit, except DWELLING UNIT REQUIREMENTS: dwelling unit per lot and minimum gross floor area residential of 100 square metres; 4 (xi) SPECIAL A B where a covered and unenclosed porch or verandah extends a minimum of 1.8 metres from the wall containing the main entrance to the dwelling unit, no part of any attached private garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit; or where a covered and unenclosed porch or verandah extends a minimum of 2.0 metres from the wall containing the main entrance to the dwelling unit and where second storey habitable floor space located above the garage is set back no more than 2.5 metres beyond the vehicular entrance of an attached private garage, no part of any attached private garage shall extend more than 6.0 metres beyond the wall containing the main entrance to the dwelling unit; REGULATIONS: despite section 5.7 of By-law 3036, uncovered steps and platforms not exceeding 2.0 metres in height shall, be permitted to project a maximum of 1.5 metres into a required rear yard; and a bay window shall be permitted to project a maximum of 0.6 metres into any required flankage side yard. (2) (a) (b) Uses Permitted ("SD-7" Zone) No person shall within the lands designated "SD-7" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) semi-detached dwelling residential use; Zone Requirements ("SD-7" Zone) No person shall within the lands designated "SD-7" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 205 square metres; (ii) LOT FRONTAGE (minimum): 7.0 metres; (iii)FRONT YARD DEPTH (minimum): 4.5 metres; (iv) INTERIOR SIDE YARD WIDTH (minimum): A 1.2 metres; and B on the side where dwellings on adjacent lots are attached, no side yard is required, provided any wall other than the common wall that is on the side of the lot upon which the dwellings are attached, or a direct extension thereof, shall be set back from the lot line separating such lots as follows; 1.2 metres measured perpendicularly to such side lot line if no side yard is provided on the abutting lot; or (v) (vi) (vii) (viii) (ix) (x) (xi) (3) (a) 5 0.6 metres measured perpendicularly to such side lot line if a side yard is provided on the abutting lot; FLANKAGE SIDE YARD WIDTH (minimum): 2.7 metres; REAR YARD DEPTH (minimum): 7.0 metres; LOT COVERAGE (maximum): 50 percent; BUILDING HEIGHT (maximum): 12.0 metres; DWELLING UNIT REQUIREMENTS: maximum one dwelling unit per lot and minimum gross floor area residential of 100 square metres; PARKING REQUIREMENTS: A minimum one private garage per lot attached to the main building, any vehicular entrance of which shall be located not less than 6 metres from the front lot line, and not less than 6 metres from any side lot line immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; B maximum projection of the garage front entrance from the wall containing the main entrance to the dwelling unit shall not exceed 2.5 metres in length, whether or not such garage has a second storey, except where a covered and unenclosed porch or verandah extends a minimum of 1.8 metres from the wall containing the main entrance to the dwelling unit, in which case no part of any attached private garage shall extend more than 3.0 metres beyond the wall containing the main entrance to the dwelling unit. SPECIAL REGULATIONS: A despite section 5.7 of By-law 3036, uncovered steps and platforms not exceeding 2.0 metres in height shall be permitted to project a maximum of 1.5 metres into a required rear yard; and B a bay window shall be permitted to project a maximum of 0.6 metres into any required flankage side yard. Uses Permitted ("OS-HL" Zone) No person shall within the lands designated "OS-HL" on Schedule I attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) preservation and conservation of the natural environment, soil and wildlife; (ii) resource management; (iii) pedestrian trails and walkways; (b) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and 6 erosion control, resource management, or pedestrian trail and walkway purposes. MODEL HOMES a) despite the provisions of Section 6.1 of By-law 3036, a maximum of 8 Model Homes, together with not fewer than three parking spaces per Model Home, may be constructed on the lands set out in Schedule I attached hereto prior to division of those lands by registration of a plan of subdivision. b) for the purposes of this By-law, "Model Home" shall mean a dwelling unit used exclusively for sales display and for marketing purposes pursuant to an agreement with the City of Pickering, and not used for residential purposes. BY-LAW 3036 By-law 3036, as amended, 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 attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 18th day of ~,',,,,:,mho,- ,2002. Bruce Taylor, Clerk OS-HL S5-2 S5-2 SD-7 SD-7 S5-2 $.E. CORNER OF lOT 3l, CONCESSION SCHEDULE T TO BY-LAW 6057/02 PASSED THIS DAY OF November 2002 MAYOR CLERK : ~.. - ,.*' '-... ..- ~ SUBJECT  ~ ~ AV~ N l¢ ~= FINCH ,.--- ., .~ __._.:  V// .... ~~' ~~ ~ ' 'c < / ~ ~// I ]III I I1~1 ~gl Ci~ of Picketing Planning & Development Depa~ment PROPER~ DESCRI~ON PART OF LOT 31, CONCESSION 2 OWNER ltlS ELBNOR ~OLaES DATE JUN 25, 2~1 D~ BY RC APPDCA~ON No. SP-2~1-02; A ~/~1 SCALE 1 :TBO0 CHECKED BY TB FOR DEPAR~ENT USE ONLY PN-14 fl II IIECEIVE--;\ ISSUE DATE: Jul. 10, 2003 JUL 1 1 2003 :DECISION/ORDER NO: fCIT YOFPICO2; P�O `� VE 0934 \ m = PCKERNG,ONTARIO Ontario Ontario Municipal Board JUL 1 1 2003 Commission des affaires municipales de ('Ontario CITY OF PICKEING PLANNING&DEVELOPMENT DEPARTMENT Jocelyn Barber has appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended, against Zoning By-law 6057-02 of the City of Pickering OMB File No. R030002 Jocelyn Barber has appealed to the Ontario Municipal Board under subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the City of Pickering to approve a proposed plan of subdivision on lands composed of 2030 Rosebank Road, (Part Lot 1, Concession 2) Town's File No. S-P-2001-02 OMB File No. S020060 APPEARANCES : Parties Counsel Rosebank Garden Homes Inc. B. McMinn Jocelyn Barber R.J. Hawkshaw City of Pickering J. Reble DECISION DELIVERED BY J.R. BOXMA AND ORDER OF THE BOARD At the commencement of the hearing, the Board was asked to stand down while Minutes of Settlement were completed. The Board agreed and the parties were successful in settling all matters. An executed copy of the Minutes of Settlement are attached as Attachment 1. Because the appeal of the zoning by-law was withdrawn, By-law 6057-02 is deemed to have come into force the day it was passed. The Board then heard brief evidence on the proposed draft plan of subdivision. The requirements of s. 51(24) of the Planning Act have been met and draft plan (.1t; ,E w JA.,t (; Y . , - 2 - PL020865 *ta: rso ,En_ - approval is granted. The draft plan of subdivision No. S-P-2001-02 is attached as Attachment 2. The Board approves the Conditions of Draft Plan Approval and they are attached as Attachment 3. Pursuant to s. 51(56.1) of the Planning Act, the final approval of the plan of, subdivision is given to the Town of Pickering. This is the Order of the Board. • "J.R. Boxma" J.R. BOXMA MEMBER 4 • • ATTACHMENT 1 Case No. PL020865 ONTARIO MUNICIPAL BOARD • DRAFT MINUTES OF SETTLEMENT Jocelyn Barber has appealed to the Ontario Municipal Board under subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from a decision of the City of. Pickering to approve a proposed plan of subdivision on lands composed of 2030 Rosebank Road, (Part Lot 1 Concession 2) • City of Pickering File No. S-P-2001-02 O.M.B. File No. S020060 Jocelyn Barber has appealed to the Ontario Municipal Board under subsection 34(19) of the Planning Act,R.S.O. 1990, c. P.13, as amended, against Zoning By-law 6057-02 of the city of Pickering O.M.B. File No. R030002 THIS AGREEMENT made this2J day of M ry, 2003 between Jocelyn Barber("Barber") • - and— Rosebank Garden Homes Inc. ("Rosebank") - and— ( The Corporation of the City of Pickering (the " City") WHEREAS the.City approved draft plan of subdivision for File No. S-P-2001-02 submitted by Rosebank (the "Plan"); • AND WHEREAS the City enacted Bylaw No. 6057-02 which bylaw implemented the uses proposed in the Plan; 2 AND WHEREAS Barber by a letter dated August 12,2002 appealed the decision of the City to approve the Plan to the Ontario Municipal Board for the reasons set out in the said letter; AND WHEREAS Barber, Rosebank and the City wish to resolve the appeal without a hearing before the Ontario Municipal Board; IN CONSIDERATION OF the premises and covenants herein and the payment of the sum of$10.00 by each party to the other(the receipt of which is acknowledged)Barber, Rosebank and the City hereby agree as follows: 1. Rosebank agrees to amend the Plan to provide for the temporary termination of Street "B" and thereby eliminate the proposed future extension of Street "B"through the Barber lands. Rosebank further agrees that the face of the curb of the temporary termination of Street"B" shall be not less thantwo (2) metres from the face of the curb of the easterly boundary of the Barber lands. The City agrees to the foregoing. 2. Rosebank and the City agree that the conditions of draft approval for the Plan shall be amended to include a condition that the grade of Street "B" and the adjacent lands shall be as close as possible (within two feet) to the existing grade of the adjoining Barber lands. Barber or her authorized agent shall be permitted to review the approved grading plans prior to any preservicing including grading works within 20 metres of the Barber lands or registration of the Plan, whichever occurs first. Barber or her authorized agent shall confirm the above within one (1 )week of receipt of the said plan(s). The,conditions of draft approval shall be further amended to include a condition that,if necessary, a vegetative or other type barrier shall be installed at the westerly terminus of Street B, both temporary and permanent to block light from motor vehicles reflecting into the Barber dwelling. 3 3. Rosebank and the City agree that the Plan shall be amended to provide for the temporary termination of Street "A" at its westerly terminus as shown on the revised Plan dated May 15, 2003 which will allow sufficient flexibility for the final realignment of Street"A"with the future approved Street "A" on the Barber lands. It is understood and agreed that Block 63 as shown on the revised Plan dated May 15, 2003 shall not be developed until the final alignment of Street"A" on the Barber lands is determined. 4. Rosebank and the City agree that the conditions of draft plan approval for the Plan shall be amended to require that prior to any preservicing in the Plan, including grading works within 20 metres of the Barber lands or the registration of the Plan, whichever first occurs,Rosebank shall submit to the City and Barber a construction management plan showing the mariner in which the spruce trees and the fence on the Barber lands adjacent to the Plan will be protected during construction. Barber or her authorized agent shall confirm the above within one (1)week of receipt of the said plan(s).The subdivision agreement between the City and Rosebank shall require Rosebank to carry out the recommendations in the said construction management plan. 5. Rosebank, in conjunction with Barber agrees to monitor the water levels in the Barber well during construction activity in the Plan and in the event of a reduction in the water level of the Barber well as a result of the construction activity in the Plan such that the well is incapable of providing sufficient water Rosebank agrees to provide water to the Barber lands which will include the provision of temporary water or the connection of the Barber dwelling to municipal water from Street "B"if the interference is permanent. Nothing herein shall release Rosebank from complying with the Region of Durham well monitoring requirements. 4 6. Rosebank agrees to decommission the two wells located in the Plan in a good and workmanlike manner and in accordance with all government regulations. - . • 7. Rosebank agrees not to file any appeal to the Ontario Municipal Board with respect to the Barber application for draft plan approval for File No. S-P-2003-02 or the implementing zoning bylaw thereto provided that the draft plan remains substantially in the form as submitted with the • application including the revision to the said plan showing a block for the retention of the historical residence on the Barber lands. 8. Barber agrees, subject to the implementation by the Ontario Municipal Board of the foregoing terms and conditions, to withdraw her appeal to the Plan and Zoning Bylaw 6057-02. 9. Rosebank and the City agree that the subdivision agreement between the City and Rosebank with respect to the Plan will contain provisions to implement the terms and provisions of these minutes of settlement. 10. These Minutes of Settlement may be signed in counterparts and each of such counterparts will constitute an original document and such counterparts, taken together, will constitute one and the same instrument. 11. These Minutes of Settlement shall enure to the benefit of and bind the undersigned parties and their successors and assigns. r • - • 5 These Minutes of Settlement made as of the 2nd day of June, 2003. ROSEBANK GARDEN HOMES INC. Per: E-(:.-(1.- Name: Title: I have authority to bind the Corporation. -&)al\OXI7 Jocelyn Barber THE CORPORATION OF THE CITY OF PICKERING Per: \ AL I. A I have authority to bind the City ATTACHMENT 2 PL a / Oges- JR, , , . R 21 (I {� it ;. ! ...,'. , . t §i, v. 11 Y 'ill it i 1 i a V a I ' .0 - 1 ue 1 1 i# 9• p la I (i' ;I �p�(l i p p !b 9 ti " , a6i! 4 6 p 1 0f i1 i 11 1:1:1. Il.! a 4 ii 111 b p n 1114 0�i 111 Ii. pss g0 g r``b4( I(i ' 'i 01); ;j; h (ilk : ! 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RFA C v., § ,, , rby v (1 i It s lifi ,11 itrW4SVA if ! ...g. . i 1 Iiri 1 I I I AI I I I I I I 17 I al 11 4 I I r'b'-1--4401‘4 1 V It griffA 1/1 3 1 e � �� .. 1,�A 1.i 1 , @ 1 iii - I l���b�� ' mei 22.unTh� ill 1 I '!'i �lil itimi �� i 1 gin ; 8 1 II I/ , ' 4 IIMaret I etlatintall V S Si '4 - .ee : I ;i. r1182/411rAMIIi ? m u I. i 4"kti•A' /01P ; 1 4 111 R .1 .1 4%. vit1/4Plitt / to 1! : 1 MI .‘t40/i6” - A/I 'Ns. siil girl 6 F11 z�i ... /\1 F pgq d M ., ATTACHMENT 3 N L L7 L V CONDITIONS OF DRAFT APPROVAL June 2, 2003 Plan of Subdivision: SP-2001-02 Part of lot 31, Concession 2 City of Pickering 1. The Owner shall prepare the final plan on the basis of approved draft plan of subdivision SP-2001-02 prepared by Land-Pro Engineering Consultants Inc., identified as project number 20003, dated March 2001 last revised date May 15, 2003, (Drawing Number DP-1 D), which illustrates 45 lots for detached dwellings, 11 lots for 22 semi-detached dwellings, future development block, open space block, roadways, road widenings and blocks for 0.3 metre reserves. 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 grant to the Region, any easement required to provide Regional services for this development and these easements shall be in locations and of such widths as determined by the Region. 4. The Owner shall submit plans showing any proposed phasing to the Region and the City for review and approval, if this plan is to be developed by more than one registration. 5. The Owner shall agree in the City of Pickering Subdivision Agreement to implement the recommendation of the report, entitled "Detail Noise Control Study', prepared by S. S. Wilson Associates, dated April 16, 2001, which specifies noise attenuation measures for the development. The measures shall be included in the subdivision agreement and must also contain a full and complete reference to the noise report (i.e. author, title, date, and revisions/addenda) and shall include any required warning clauses identified in the study. The Owner shall provide the Region with a copy of the subdivision agreement containing such provisions prior to final approval of the plan. 6. 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 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. 7. 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 for the proposed subdivision. 8. The Owner shall satisfy all requirements, financial and otherwise, of the Regional Municipality of Durham. This shall include, among others, 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 regional services. 9. Prior to the initiation of grading and prior to the registration of this plan or any phase thereof, that the owner shall submit for the review and approval of the Toronto and Region Conservation Authority, a detailed report that describes the storm drainage system for the proposed development of the subject lands. The report should include: a) plans illustrating how the drainage system will tie into surrounding drainage systems, control of external flows, and information respecting the design capacity of the receiving system; b) stormwater management techniques which may be required to control minor or major flows; c) proposed methods of controlling or minimizing erosion and siltation on-site and in downstream areas during and after construction; d) the location and description of all outlets and other facilities which may `J require permits under Ontario Regulation 158. 9.1 Prior to the initiation of grading within 20 metres of the Barber lands and prior to the registration of this plan the grading plan shall be submitted and approved by the City shall be made available to Jocelyn Barber or her authorized agent for their review for the purpose of ensuring that the approved grades of Street B and the adjacent land match, as close as possible and not exceeding a difference of 0.6 metres more or less from the existing grades adjoining the Barber lands. 9.2 A vegetative or other barrier shall be installed at the westerly terminus of Street B if necessary to block light from reflecting into the Barber dwelling 10. That prior to the final registration of this plan, the owner enter into an agreement with either the Toronto and Region Conservation Authority or the City of Pickering with respect to the conveyance of Block 76 to public ownership. 11. The municipality's restricted area by-law shall contain provisions which will have the effect of prohibiting all building and structures of any kind, the placement of fill, or the alteration of a watercourse other than as required for flood or erosion control within Block 76. 12. The Owner satisfy the following Hydro One Networks Inc. requirements: a) The Owner shall prior to final approval submit to Hydro One Networks Inc., for review and approval, a copy of the lot grading and drainage plan, showing existing and final grades. Drainage must be controlled and directed away from Hydro One property. b) The Owner shall install temporary fencing, at the Owners expense, along the edge of the right of way prior to the start of construction. c) The Owner shall install a permanent fence, at the Owners expense, after construction in completed along Hydro One owned land. d) The owner shall agree the Hydro One property is not to be used without the express written permission of Hydro One Networks Inc. During construction there shall be no storage of materials, mounding of earth or other debris on the right of way. The Owner will be responsible for restoration of any damage to the right of way resulting from the construction of the subdivision. 13. The Owner shall satisfy all requirements, financial and otherwise, of the City of Pickering. This shall include, among other matters, the execution of a subdivision agreement between the Owner and the City of Pickering concerning the provision and installation of roads, services, grading, drainage, and other local services. The Owner shall satisfy all requirements of Pickering City Council in respect to the plan as per City Council Resolution #96/02, Item #3, dated June 17, 2002. 14. The Owner shall dedicate the road allowances included in this draft plan as public highways on the final plan. 15. The Owner shall pay the City cash-in-lieu to satisfy the parkland dedication requirements of the Planning Act. 16. The Owner shall grant such easements as may be required for utilities, drainage and servicing purposes to the appropriate authorities. 17. That the implementing by-law for zoning by-law amendment application for the subject property become final and binding. 18. Prior to the initiation of any works on the site the Owner satisfy the City with respect to a construction management plan. The construction management plan shall include recommendations relating to the manner in which the fence and spruce trees on the Barber lands adjacent to the approved draft plan will be protected during on site works. A copy of the plan or that portion relating to the Barber lands shall be delivered to Jocelyn Barber for her review. The subdivision agreement between the Owner and the City shall include a provision requiring the Owner to carry out the recommendations in the construction management plan. 19. The Owner shall satisfy the City respecting stormwater management including any contributions for down stream stormwater management works. 20. The Owner shall satisfy the City financially with respect to the Development Charges Act. 21. The Owner shall satisfy the City respecting contributions for their share of the preparation of the Rouge Park Neighbourhood Study. 22. The subdivision agreement between the Owner and the City of Pickering shall contain, among other matters, the following provisions: a) 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. b) The Owner agrees to implement those noise control measures recommended in the noise report required in Condition 5. c) The Owner agrees to carry out, or cause to be carried out, to the satisfaction of the Toronto and Region Conservation Authority the recommendations referred to in the reports, as required in Conditions 9. d) The Owner agrees to obtain a permit for the works described in Condition 9. e) The Owner agrees that prior to the initiation of any grading or construction on the site, to erect a permanent fence to the satisfaction of the Toronto and Region Conservation Authority for lots and blocks abutting Block 76. f) The Owner agrees that Open Space Block 76 be set aside for dedication to either the City of Pickering or the Toronto and Region Conservation Authority. g) The Owner agrees that Block 59, 62, 66 and 69 shall be conveyed to the City until the final alignment of Street "B" and Street "A" and its extension into the lands for File No. S-P-2003-03 have been determined. Block 63 shall not be developed until the final alignment of Street"A"is determined. h) The Owner and the City agree that the face of the curb of the temporary terminus of Street"B" shall be no closer than 2 metres and that the face of the curb of the permanent terminus of street"B" shall be no closer than 6 metres to the boundary of the lands to the immediate west (the Barber lands) of the approved draft plan of subdivision. 23. Prior to final approval of this plan for registration,the Director, Planning&Development for the City of Pickering shall be advised in writing by: a) The Region of Durham how Conditions 1, 2, 3, 4, 5, 6, 7, 8, 22 a) and ...� 22 b) have been satisfied. b) The Toronto and Region Conservation Authority how Condition 9 a), 9 b), 9 c), 9 d), 10, 11, 22 c), 22 d), 22 e), and 22 f) have been satisfied. 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. a • 3. The Owner is advised that the transmission lines abutting this subdivision operate at either 500,000 or 230,000 volts. Section 186 — Proximity — of the Regulations for Construction Projects in the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to the energized 500 kV conductor. The distance for a 230 kV conductor is 3 metres (10 feet). It is the proponent's responsibility to be aware, and to make all personnel on site aware, that all. equipment and personnel must come no closer than the distance specified in the Act. They should also be aware that the conductors can raise and lower without warning, depending on the electrical demand placed on the line. 4. 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: a) Commissioner of Planning, Planning Department,Regional Municipality of Durham, 1615 Dundas St. E., 4th Floor, Lang Tower, West Building, Box 623, Whitby, Ontario L1 N 6A3, (905) 728-7731. b) The Toronto and Region Conservation Authority, Plan Review Section, 5 Shoreham Drive, Downsview, Ontario, M3N 1S4. (416) 661-6600. • c) Hydro One Networks Inc., Real Estate Services, 483 Bay Street, 12 Floor, North Tower, Toronto, Ontario, M5G 2P5 1-888-231-6657