Loading...
HomeMy WebLinkAboutPLN 39-22Report to Planning & Development Committee Report Number: PLN 39-22 Date: September 6, 2022 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 and Part Lots 17 to 22, 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 and Concession 4, Part Lots 17 to 22, Concession 5, to establish a plan of subdivision consisting of blocks for prestige employment uses, residential uses for approximately 2,205 dwelling units, mixed-uses, community uses, parks, open spaces, stormwater management facilities, and public roads as shown on Attachments #7 and #8 to Report PLN 39-22, and the implementing conditions of approval, as set out in Appendix I, be endorsed; 2. That Zoning By-law Amendment Application A 05/15 (R), submitted by Seaton TFPM Inc., to implement Draft Plan of Subdivision SP-2015-03 (R) on lands being Part Lots 17 to 19, Concession 4 and Part Lots 17 to 22, Concession 5, be approved subject to the provisions contained in Appendix II to Report PLN 39-22, and that staff be authorized to finalize and forward an implementing Zoning By-law to Council for enactment; and 3. That Council grants an exemption in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended, and permits the Committee of Adjustment to consider minor variance applications resulting from the processing of applications for draft plan of subdivision, site plan approval, and building permits, submitted by Seaton TFPM Inc., for the lands being Part Lots 17 to 19 and Concession 4, Part Lots 17 to 22, Concession 5, before the second anniversary of the day on which an applicant-initiated zoning by-law amendment was enacted for the subject lands. Executive Summary: Seaton TFPM Inc. has submitted applications for Draft Plan of Subdivision and Zoning By-law Amendment to permit the approval and implementation of a draft plan of subdivision, proposing multiple lots and blocks of land for a broad range of uses, including employment, mixed-use, residential, community facilities such as parks, schools, and a recreation centre located within Thompson’s Corners Neighbourhood. The proposed draft plan of subdivision is appropriate and conforms to the Central Pickering Development Plan, the Pickering Official Plan, and the Thompson’s Corners Neighbourhood policies. The proposal represents good planning and appropriate development for the subject lands. PLN 39-22 September 6, 2022 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), 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 the draft zoning by-law, as set out in Appendix II, be finalized and forwarded 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 (then) Ontario Infrastructure and Land Corporation (OILC) submitted 5 separate applications for approval of draft plans of subdivision and related zoning by-law amendments for lands in several Seaton Neighborhoods, including the subject lands located within Thompson’s Corner Neighbourhood. In 2018, OILC sold the subject lands to Seaton TFPM Inc., who revised the applications. Seaton TFPM Inc., proceeded with the approval of the first phase of the draft plan of subdivision referred to as Phase 1A, located south of Fifth Concession Road, in advance of the remaining draft plan (see Location Map, Attachment #1). On April 26, 2021, Council endorsed the Phase 1A draft plan and related conditions, and approved the implementing site specific by-law. The lands were draft plan approved on October 13, 2021. The lands subject to this report, are the remaining draft plan of subdivision lands located within Thompson’s Corner Neighbourhood, consisting of multiple individual parcels having a total land area of approximately 122 hectares (see Air Photo Map, Attachment #2). Surrounding land uses include: North: The Hamlet of Brougham, and on the north side of Highway 7 are rural lands owned by the Federal Government intended for a future airport site; these lands currently support agricultural/rural activities. South: Additional lands owned by the Province designated as Seaton Natural Heritage System. East: North of the Fifth Concession Road are rural/open space lands, and south of the Fifth Concession Road, in the Town of Ajax, there is a pioneer cemetery and rural uses. West: Additional lands owned by the Province that are designated as Seaton Natural Heritage System, and along the Highway 407/ETR corridor are additional future Employment Lands, and the eastern edges of Seaton Neighbourhoods 19 and 21. PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 3 1.2 Applicant’s Revised Proposal The submitted draft plan of subdivision contains blocks for a broad range of uses, including employment, mixed-use, residential, community facilities, such as schools, parks, and a recreation centre. An outline of the details of the draft plan are noted on Attachment #3, and illustrated on the Colour Revised Draft Plan of Subdivision on Attachment #4. The proposal includes approximately 2,205 residential units consisting of: • 144 detached dwellings and 601 street townhouses; and • a minimum of 1,460 residential units are projected for the Mixed Corridor, Community Node and Gateway site blocks, based on the minimum required density. The zoning for these lands will permit a variety of residential forms, such as apartments and mixed use buildings, block townhouses and back-to-back townhouses. These lands will be subject to site plan approval, and therefore, the uses, densities, and number of units will be determined in future applications. Through collaboration between City staff and the applicant, the following is a summary of the key changes that have been made to the proposal (see Attachment #4, and Revised Draft Plan Part A and Part B, Attachments #7 and #8): • the number of units increased slightly from 2,203 units to 2,205 units; • local municipal roads and stormwater management ponds were added for the prestige employment blocks located north of 407 and west of Mowbray Street, as generally shown on the Thompson’s Corner Neighbourhood Plan; • a condition of draft approval was added, requiring the applicant to make appropriate arrangements to acquire necessary lands from the Federal and/or Provincial authorities to provide road right-of-way width to municipal standards to employment Blocks located east of Mowbray Street and south of Highway 7; • an east-west trail head block was added from the Neighbourhood Park, located west of Brock Road, across the Natural Heritage System (NHS), via a walkway to a local street, providing a direct route to a Park for residents located the west side of Brock Road; and • a trail head block was added west of Sideline 16, providing a direct connection to a Neighbourhood Park. 2. Comments Received 2.1 October 5, 2015 and March 2, 2020 Statutory Public Meeting On October 5, 2015, a Statutory Pubic Meeting was held to consider five separate draft plans of subdivision and related zoning amendment applications submitted by Ontario Infrastructure and Land Corporation (OILC) including the lands located in Neighbourhood 20: Thompson’s Corner Neighbourhood Plan. On March 2, 2020 a Statutory Public Meeting was held to consider the Seaton TFPM Inc. applications. No members of the public, who attended this meeting, voiced concerns regarding the proposed applications. PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 4 2.2 March 7, 2022 Electronic Statutory Public Meeting On March 7, 2022, a Statutory Public Meeting was held to consider the revised applications for Seaton TFPM Inc. Members of the Planning & Development Committee raised the following key comments or questions at the Statutory Public Meeting: • requested a timeline of construction for the various components of the proposed development; • questioned whether the City would be working with the landowner to expedite the approvals of commercial/employment lands of the development; • commented that there should be sufficient retail space provided; and • commented that new schools be designed with safe drop-off and pick-up areas so as to not conflict with surrounding residential lands. 2.3 City Departments & Agency Comments 2.3.1 City of Pickering Engineering Services Department • no objection to the approval of the zoning by-law amendment and plan of subdivision subject to conditions of approval; • 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 • no objection to the approval of the zoning by-law amendment and draft plan of subdivision, subject to the conditions of draft approval provided by the Region; and holds being placed on lots, as requested by the TRCA (see Section 3.4); • the proposal is consistent with the Provincial Policy Statement; • the proposed development conforms to the Growth Plan by supporting compact communities; • the proposed applications conform to the Durham Region Official Plan and the Central Pickering Development Plan; • the lands located in the draft plan are within both the Phase 1 and Phase 2 servicing areas of the Seaton Community; • Regional municipal infrastructure and roadworks required in Phase 2 are dependent on the execution of the Phase 2 Front Ending Agreement; • the provision of sanitary sewers to the Phase 1 and Phase 2 lands is dependent on the extension of the Seaton East trunk sanitary sewer on Brock Road and Elsa Storry Avenue; and PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 5 •the Region will require the applicant to implement the conditions of draft approval, addressing matters such as, but not exclusive to, noise mitigation, archaeological potential, Environmental Site Assessment and Record of Site Condition, and traffic and transit infrastructure. 2.3.3 Toronto and Region Conservation Authority (TRCA) •no objections to the approval of the zoning by-law amendment and draft plan of subdivision, subject to conditions of approval provided by the TRCA; and •technical matters can be addressed through the implementation of the conditions of approval. 2.3.4 Durham Catholic District School Board (DCDSB) •no objections to the approval of the zoning by-law amendment and draft plan of subdivision, subject to the conditions of draft approval provided by the DCDSB; •Block 89 is designated as a Catholic elementary school site; and •although a school site has been reserved for this development, a school may not be built for several years, and the students generated by the development may have to attend an existing school outside of their immediate neighbourhood. 2.3.5 Durham District School Board (DDSB) •no objections to the approval of the zoning by-law amendment and draft plan of subdivision, subject to the conditions of draft approval provided by the DDSB; •Block 90 designated as an elementary school site, and Block 91 a secondary school site; and •although school sites have been reserved for this development, schools may not be built for several years, and the students generated by the development may have to attend existing schools outside of their immediate neighbourhood. 2.3.6 Ministry of Transportation (MTO) •no objections to the approval of the zoning by-law amendment and draft plan of subdivision, subject to the conditions of draft approval provided by MTO; and •technical matters can be addressed through the implementation 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 Central Pickering Development Plan (CPDP) sets out the principles and goals that outline the general development vision for the overall Seaton Urban Area. The vision includes 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. PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 6 The subject lands are located within the Seaton Urban Area. The Official Plan contains policies governing the various land use designations, such as Residential Areas, Mixed Use Areas, Employment Areas, and Open Space System, that govern lands in the draft plan of subdivision. The Official Plan establishes various policies for such matters as density, intensity of land use, and sustainability. Chapter 11 of the Official Plan further defines the land use designations, as well as establishes policies for such matters as the Seaton natural heritage system, cultural heritage, sustainable development, servicing, population targets, and urban design. The Thompson’s Corner Neighbourhood is planned to have a broad range of land uses and residential built forms and densities (see Neighbourhood 20: Thompson’s Corner Neighbourhood Plan, Attachment #5). The proposed development will result in a compact, walkable and pedestrian focused neighbourhood. It is planned as a complete community, that includes a full range of uses, including employment, mixed use, community facilities and residential areas, with linkages to the Natural Heritage System. The proposed revised plan of subdivision conforms to the CPDP, the Pickering Official Plan, the Seaton Urban Area policies, and the Thompson’s Corners Neighbourhood Plan policies. 3.2 The Draft Plan of Subdivision complies with the Seaton Sustainable Place-Making Guidelines The Seaton Sustainable Place-Making Guidelines address the urban design guidelines contained within the CPDP. Further, they expand upon the key design elements, set 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 The draft plan of subdivision will be developed in phases The lands subject to the proposal are located within both the Phase 1 and Phase 2 servicing areas of the Seaton Community (see Revised Draft Plan of Subdivision (Parts A and B), Attachments #7 and #8). Regional municipal infrastructure and roadworks required in Phase 2 are dependent on the execution of the Phase 2 Front Ending Agreement, and Holding provisions, as described in Section 3.7. The applicant has prepared a phasing plan in accordance with the servicing areas of the Seaton Community (see Applicant’s Phasing Plan, Attachment #6). Phases 1A and 1B are within the Seaton Phase 1 servicing area. The first phase of the Thompson’s Corners Neighbourhood to be developed is Phase 1A, located south of Fifth Concession Road, which was draft approved on October 13, 2021. The next phase to be developed is PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 7 Phase 1B, located west of Brock Road, north of Alexander Knox Drive. The applicant advises that Phase 1B is targeted to start servicing in the Fall of 2023. The construction of detached dwellings and townhouse units is anticipated to begin the summer of 2024. The applicant advises that park blocks within Phase 1B will be built after the completion of residential units, and as residents start to occupy their homes. The timing of the completion of parks is dependent on the time of year, size, and complexity of the project. The applicant further advises that the development of the mixed-use blocks (including but not limited to apartment buildings, back-to-back townhouses, and mix of retail uses) located within Phase 1B will be developed in the future, and is dependent on end user and market conditions. Lands within the Applicant’s Phasing Plan referred to as Phases 2A, 2B, and Future Phase 2 (employment blocks) are located within Phase 2 servicing areas of the Seaton Community. These lands will be developed in a phased sequence, based on receiving all required approvals, and market demand for these blocks. 3.4 The TRCA and the City require a ‘hold condition’ on portions of the draft plan of subdivision to prevent the sale of lots until additional technical work is submitted The TRCA and the City's Engineering Services Department advises that additional technical work is required with respect to portions of the draft plan of subdivision, and request that “holds” (hold condition) be placed on specific blocks until the applicant resolves technical environmental and engineering matters at the detailed design review stage. As a result of the holds condition, the applicant may not sell or market these lands. The blocks subject to the hold condition are located within the Phase 2A of the draft plan, located east of Brock Road and north of Fifth Concession Road, as shown on the Applicant’s Phasing Plan, Attachment #6. The affected blocks are planned for residential uses, mixed corridor, gateway sites, and community nodes uses. The hold condition does not apply to blocks intended for community uses, including schools, recreation centre, and park blocks loca ted within this phase of the plan. Both the City and TRCA are requiring, as a condition of approval, that the Owner enters into a “no sales or marketing agreement” with the City, and the Owner registers a section 118 restrictive covenant on the lands. These actions prohibit the sale, marketing, or other disposition of the certain lots and blocks identified in the conditions of approval, until such time as the Owner resolves the technical requirements. Once the TRCA and the City are satisfied, then the City will do all things necessary to release the area to allow the sale of the affected blocks. If the Owner is not able to resolve the technical environmental and/or engineering matters in Phase 2A at detailed design, the applicant will be required to revise the portion of the draft plan layout and rezone the lands affected. PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 8 3.5 Response to Additional Key Concerns As noted in Section 2.2 of this report, the Planning & Development Committee provided comments at the Electronic Statutory Public Meeting held on March 7, 2022. The applicant has addressed questions regarding the timing of construction of various components of the development. The table below summarizes other questions raised at the Planning & Development Committee. Comments Response Questioned whether the City would be working with the landowner to expedite the approvals of commercial and employment lands of the development. As discussed in Section 3.3 of this report, employment uses are located in Seaton Phase 2 servicing areas. These lands can be developed once the Seaton Landowners Group execute the Phase 2 Front Ending Agreement, and the Holding provisions are lifted. In addition, commercial uses are permitted within mixed-use zones, and the applicant advises that the development of the mixed-use blocks (including but not limited to, apartment buildings, back-to-back townhouses and mix of retail uses) located within Phase 1B, will be developed in the future, and are dependent on end user and market conditions. Some of the mixed-use blocks are also located in Seaton Phase 2 servicing areas. Requested that the new schools be designed with safe drop off and pick up areas that do not conflict with surrounding residential lands. City staff will work with the respective school boards to ensure the site design of new school blocks provides for a safe and convenient pedestrian circulation, drop-off, and pick-up areas and parking areas. 3.6 Exemption to the two year time-out period for minor variance applications Bill 73, the Smart Growth for Our Communities Act, 2015, amended the Planning Act by removing the ability for an applicant to apply for a minor variance for two years following the passing of an applicant-initiated zoning by-law amendment. However, the Planning Act changes also permit a municipal Council to allow minor variance applications to proceed on a case-by-case basis by Council resolution. The Province indicated that the intent of the amendment is to prevent, for a two-year period, zoning provisions that Council determines to be important from being reversed through the minor variance process. Staff recommend that Council grant an exemption, in accordance with Section 45 (1.4) of the Planning Act, to permit minor variance applications to be considered by the Committee of Adjustment, resulting from the further processing of the draft plan of subdivision, and site plan and building permit applications. PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 9 3.7 Zoning By-law Amendment The applicant has requested a zoning by-law amendment to repeal Zoning By-law 3037 as it affects the lands subject to Zoning By-law Amendment Application A 05/15 (R), and to add these lands to the Seaton Zoning By-law 7364/14 to facilitate the implementation of the draft plan of subdivision. The existing performance standards of Seaton Zoning By-law 7364/14 for detached dwellings, street townhouses, mixed uses, employment uses and community uses will be applied to the proposed draft plan of subdivision. In accordance with the Pickering Official Plan, Chapter 11, Seaton Urban Area, the completion of a future transportation planning study is to be undertaken by the Seaton landowners and completed prior to development proceeding beyond the Seaton first phase of development. Therefore, as per Section 11.1 of Seaton Zoning By-law 7364/14, a holding provision is applied to draft plan of subdivision lands beyond the Seaton Phase 1 lands, as shown in hatching on the draft Schedules I, II and III, Appendix II. Holding provisions shall be removed when: i) a transportation study is completed identifying the need, and if warranted, the extent and timing of additional transportation improvements including collector and arterial roads internal to the Seaton Urban Area, road linkages external to the Seaton Urban Area including linkages internal and external to Durham Region and interchanges with Highway 407 ETR that may be required to support development beyond the first phase, which shall not exceed 9,800 detached equivalent units, as defined 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; and 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. Staff supports the rezoning application, and recommends that the draft by-law, attached as Appendix II to this Report, be finalized and forwarded to Council for enactment. 3.8 Technical matters will be addressed as conditions of subdivision approval To ensure appropriate development, the City, Region, TRCA, and MTO 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; PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 10 • stormwater management; • on-site grading and drainage; • site servicing; • fencing; and • street tree planting and tree compensation. 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 draft plan of subdivision and rezoning for the Thompson’s Corners Neighbourhood. The proposed subdivision design generally follows the street layout and land uses identified in 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. Additionally, staff recommend that Council grant an exemption in accordance with Section 45 (1.4) of the Planning Act to permit minor variance applications to be considered by the Committee of Adjustment, resulting from the processing of the draft plan of subdivision or building permit applications. 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. Air Photo Map 3. Details of the Draft Plan of Subdivision 4. Colour Revised Draft Plan of Subdivision 5. Neighbourhood 20: Thompson’s Corner Neighbourhood Plan 6. Applicant’s Phasing Plan 7. Revised Draft Plan of Subdivision (Part A) 8. Revised Draft Plan of Subdivision (Part B) PLN 39-22 September 6, 2022 Subject: Seaton TFPM Inc. (SP-2015-03 (R) and A 05/15 (R)) Page 11 Prepared By: Original Signed By Cristina Celebre, MCIP, RPP Principal Planner, Strategic Initiatives Original Signed By Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Approved/Endorsed By: Original Signed By Catherine Rose, MCIP, RPP Chief Planner Original Signed By Kyle Bentley, P. Eng. Director, City Development & CBO CC:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Appendix I to Report PLN 39-22 Recommended Draft Plan Conditions for Draft Plan of Subdivision SP-2015-03 (R) Draft Recommended Conditions of Draft Approval Plan of Subdivision: SP-2015-03 (R) Part of Lots 17 to 19, Concession 4, Part of Lots 19 and 20, 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 June 22, 2022 (Part A and Part B), which illustrates 12 prestige employment node blocks, 2 prestige employment general blocks, 13 blocks for 144 detached dwelling units, 31 blocks for 601 street townhouse dwelling units, 2 Community Node blocks containing 338 units, 5 Mixed Corridor Type 2 blocks containing 526 units, 5 Gateway Site blocks containing 596 units, a high school block, 2 elementary school blocks, a recreation centre block, 2 neighbourhood park blocks, a village green block, 5 trailhead blocks, an enhanced pedestrian boulevard block, 6 stormwater management facility blocks, 1 overland flow block, a servicing block, an open space block, 2 reserve blocks, 2 road allowance blocks and roadways. 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. (iv) The Durham Catholic District School Board how all conditions in Section F have been satisfied. (v) Ministry of Transportation how all conditions in Section G have been satisfied. Section B – Region of Durham 1. The Owner shall prepare the final plans and shall include a land use table on the basis of the approved draft plan of subdivision, prepared by Korsiak Urban Planning, dated Revision K, June 22, 2022, which illustrates: 13 blocks containing 144 single detached dwelling units, 31 blocks containing 601 street townhouse units, 5 Mixed Corridor Type 2 blocks containing 526 units, 2 Community Node blocks containing 338 units, 5 Gateway Site blocks containing 596 units, 14 blocks for Prestige Employment blocks, 4 stormwater management pond blocks, 2 blocks containing an elementary school, a high school block, a recreation centre, 2 blocks containing neighbourhood parks, a village green, 5 trail head blocks, 1 enhanced boulevard pedestrian block, an open space block, a servicing block, 2 road allowance blocks, 2 reserve blocks, and roads. 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. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 2 4. The Owner shall agree to provide a noise study completed to the Region’s satisfaction which implements the Acoustical Consultant's recommendations from a noise report, which specifies noise attenuation measures for the development. These measures shall be included in the City of Pickering Subdivision Agreement and must also contain a full and complete reference to the noise report (i.e., author, title, date and any revisions/addenda) and shall include warning clauses identified in the study. 5. Prior to final approval, the proponent shall ensure that all required archaeological assessment reports are completed by a licensed Ontario archaeologist to the Ministry Heritage, Sport, Tourism and Culture Industries satisfaction, and their clearance. No demolition, grading or other soil disturbance shall take place on the subject property prior to a letter of clearance being received by the Regional Municipality of Durham. 6. The Owner shall submit Environmental Site Assessment documents, including confirmation that a Record of Site Condition was filed on the Ministry of the Environment, Conservation and Parks Environmental Site Registry to address potential site contamination for the subject site in accordance with the Regional Municipality of Durham’s Soil and Groundwater Assessment Protocol. 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 1, 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. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 3 13. That the Owner conveys sufficient road allowance to provide a minimum of 36.0 metres for existing Whitevale Road. 14. That the Owner conveys a widening across Block 79 & 129 at the southwest corner of Brock Road and Alexander 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 79 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. 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 20m 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 5.0 metres x 5.0 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. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 4 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. 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 Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 5 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 block (Block 95) and neighbourhood park block (Blocks 93 and 94) 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. 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. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 6 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 a 1.5 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. 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 1.8 metre high security fence as per City of Pickering Standards around the perimeter of the Stormwater Management (SWM) facilities to the satisfaction of the City of Pickering. Should the SWM facilities 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. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 7 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. 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 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. Engineering Plans 35. 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. 36. 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. 37. That the Owner satisfy the City of Pickering for contributions for development review and inspection fees. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 8 Easement 38. That the Owner convey to the City, at no costs: any easements as required; and, any reserves as required by the City. 39. 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. 40. 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. 41. 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. Stormwater 42. 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. 43. That the Owner satisfy the Director, Engineering Services for contributions for downstream stormwater management in accordance with the approved Functional Servicing and Stormwater Management Report. 44. 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 Functional Servicing and Stormwater Management Report. 45. An access road for maintenance purposes will be required for all SWM 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. 46. The Owner shall obtain all required easement or conveyance of lands required for all SWM facilities, LID measures and the associated outfall to the satisfaction of the City of Pickering prior to registration of the plan of subdivision. 47. That the Owner agrees that no SWM facilities 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. 48. That the Owner agrees that all SWM 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 (2010 standards). 49. That prior to the Owner entering into any Agreements of Purchase and Sale for Blocks 47, 76, 77, 130, 131 and 132, and prior to the registration of any phase of this Draft Plan of Subdivision that contains such area(s), the Owner shall submit additional technical work with respect to certain stormwater management facilities, for portions of the Draft Plan to the satisfaction of the Director, Engineering Services. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 9 This condition shall be implemented by the Owners entering into a “no sales or marketing agreement” with the City, and agrees to register a s.118 restrictive covenant on the lands which are subject to the no sales and marketing agreement, to the satisfaction of the City Solicitor, by no later than 60 days following approval of the draft plan of subdivision in question, which agreement would prohibit the sale, marketing or other disposition of the lands described in this condition, until such time as the provisions of this condition have been satisfied. Immediately upon the resolution of the required stormwater matters for such area this condition shall cease to apply, and the City shall immediately do all things necessary to release the area to allow the sale of the affected lots or blocks. 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. Services 53. 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. 54. That the Owner satisfy the City respecting arrangements for the provision of all services required by the City. 55. 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. 56. 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 57. 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 58. 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. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 10 59. 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. 60. 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. 61. That the Owner shall agree to implement all water balance/infiltration measures identified in the approved NFSSR. Traffic – Roads 62. 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. 63. 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. 64. 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. 65. That the Owner reconstruct and urbanize Sideline 16 from Fifth Concession Road to the northern limit of Street 14 to the satisfaction of the City of Pickering, with funding provided as per the Seaton Landowners Group and City of Pickering Financial Impact Agreement (dated November 26th, 2015), and any cost not covered by the Financial Impact Agreement shall be the responsibility of the Owner. 66. 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. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 11 67. 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. 68. 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. 69. 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. 70. 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 1 lands identified in the Stage Servicing and Implementation Strategy shall be subject to a holding zoning provision. 71. 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. 72. That the Owner shall agree to provide a right of way width measuring 19.0 to 21.5 meters, to provide access to employment Blocks 112 and 113 (located east of Mowbray Street and south Highway 7). The Owner shall make appropriate arrangements to acquire the necessary lands from the Federal and/or Provincial authorities and design, construct and convey the roads to the City of Pickering, to the satisfaction of the Director, Engineering Services. Closed Roads 73. 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 74. 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 75. 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 96, within or west of Block 97, within Block 98, within or west of Block 121, within or east of Block 133, south of Block 79, west of Block 87, south of Block 110, west of Block 108, west of Block 115 and south of Highway 7, and west of Block 115 at Street 28, 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. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 12 Fire 76. 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. 77. That the Owner provide a fire break plan and other fire prevention measures to the satisfaction of the City of Pickering. Development Block 78. 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 79. 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. 80. That the Owner agree to determine and provide a suitable temporary Community Mailbox location, if required, to the satisfaction of the City of Pickering. Heritage Lots 81. The Owner acknowledges that the property located at 3440 Elsa Storry Avenue is listed on the City of Pickering Municipal Heritage Register, under the Ontario Heritage Act; and shall submit a Cultural Heritage Evaluation Report, prior demolition or removal of the barns and accessory buildings at 3440 Elsa Storry Avenue, to the satisfaction of the Director & CBO, City Development. Any demolition or removal shall be subject to the requirements of the Ontario Heritage Act. 82. 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 83. 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. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 13 Plan Revisions 84. 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. 85. 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. 86. 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 87. 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 10 has been executed for the plan. Endangered Species Act 88. 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. Staged Servicing and Implementation Strategy 89. 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; and (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 Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 14 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 90. The subdivision agreement between the Owner and the City of Pickering shall contain, among other matters, the following provisions: 91. 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. 92. 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. 93. That the Owner agrees to implement those noise control measures recommended in the noise report required in Condition 28. 94. 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. 95. That the Owner agrees to design and implement on-site erosion and sediment control. 96. 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. 97. 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.” 98. 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 Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 15 1. That prior to the installation of servicing and prior to the registration of Phase 2 of this Draft Plan of Subdivision, the owner shall submit a revised Functional Servicing Report (FSSR) and Scoped Environmental Impact Study (EIS) for Phase 2 consistent with the approved Seaton Master Environmental Servicing Plan to the City of Pickering’s satisfaction, in consultation with the Toronto and Region Conservation Authority (TRCA). TRCA shall be satisfied with respect to meeting provincial hazard standards. Nothing in this condition prohibits the construction of regional infrastructure. 2. That prior to the installation of servicing and prior to the registration of Phase 2 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. 3(a)(iv). d. 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 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. e. Detailed geomorphology plans and studies associated with the SWMF outfalls including erosion protection studies, grading plans, construction sequencing plans, restoration/compensation plans and ESC. 3. 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 detailed engineering submission to include: i. A description of the storm drainage system (quantity, quality and erosion control) for the proposed development; Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 16 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 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). xiii. A 5 year monitoring program for wetlands and watercourses to identify any post- construction impacts to ecological or hydrological functions, provide for adaptive management measure to mitigate any impacts, and a properly secured Letter of Credit provided for the subdivision agreement. b. A comprehensive mitigation and or compensation plan for any NHS encroachment including but not limited to stormwater outfall, roads, trails, and associated LID infrastructure to be located within the Seaton Natural Heritage System. c. A comprehensive Planting Plan for the Stormwater Management Facility, any disturbed areas within the NHS, compensation areas, and any LIDs, consistent with TRCA’s SWM Pond Planting Guidelines, or as amended. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 17 4. That prior to the owner entering into any Agreements of Purchase and Sale for those lots and blocks including: Blocks 47, 74-77, 81, 83, 127, 128, 130-132, and prior to the registration of any phase of this Draft Plan of Subdivision that contains such area(s), the owner shall submit an Environmental Impact Study to the City of Pickering’s satisfaction, in consultation with the TRCA, and red-line revise the Draft Plan, as necessary. The environmental impact study shall: a. Provide plans that demonstrate how Significant Wildlife Habitat for Special Concern & Rare Wildlife Species through the entire subject area and the Shrub/Early Successional Bird Breeding Habitat will be addressed to ensure no negative impact for the CUM/CUW ecosites located at the SW corner of Whitevale Road and Elsa Storry Avenue. b. Demonstrate that all requirements as directed by MESP to address species at risk requirements under the Endangered Species Act are met. c. Demonstrate that site design will eliminate all hydrological deficiencies to HDFC31 & HDFC38; opportunities include site design like lots for LIDs or directed roof and rear- yard runoff. d. Demonstrate that site design will eliminate all hydrological deficiencies to wetlands U3 and U5 and mitigate negative impacts associated with the increases in wetland U7 and U9; opportunities include site design re-direction of clean drainage in the school, recreation centre, community nodes, employment and residential lots and blocks, LIDs or directed roof and rear-yard runoff. e. Provide an interim hydrological strategy to supplement support for all wetlands and watercourses during construction prior to the commissioning of final construction to ensure ecological and hydrological functions are maintained. f. Provide full outfall detailed designs including an assessment of impacts within the NHS, mitigation for rare, uncommon and locally significant species, restoration plans and natural channel designs. Drainage diversions will need to meet preconstruction conditions g. Ensure that the design for all HDF mitigation measures demonstrate appropriate hydrological function to support downstream features with complete restoration plans. h. Describe the necessary pre-, during and post-construction monitoring plans required for all existing and constructed natural features. i. Identify that all SWMF outfalls will be staked with TRCA and provide an assessment of impacts including mitigation, restoration and potential compensation plans. j. Demonstrate all grading associated with roads will remain within the development footprint and not impact natural features. The use of retaining walls or modified road design may be required. k. Demonstrate that all crossing structures are designed to meet both aquatic and terrestrial requirements especially the Street 14 connection to Sideline 16 and the road crossing into the western employment lands. This condition shall be implemented by the Owners entering into a “no sales or marketing agreement” with the City, and agrees to register a s.118 restrictive covenant on the lands which are subject to the no sales and marketing agreement, to the satisfaction of the City Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 18 Solicitor, by no later than 60 days following approval of the draft plan of subdivision in question, which agreement would prohibit the sale, marketing or other disposition of the lands described in this condition, until such time as the provisions of this condition have been satisfied. Immediately upon the resolution of the required environmental matters for such area this condition shall cease to apply, and the City shall immediately do all things necessary to release the area to allow the sale of the affected lots or blocks. 5. 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 through 4 inclusive. 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, commercial, school, employment lands and 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: 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; Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 19 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. 6. That this draft plan of subdivision be subject to red-line revision(s) in order to meet the requirements of Conditions 1 through 4 inclusive, if necessary, to the satisfaction of the TRCA. 7. 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 conditions are required for the the elementary school block: (i) That the Owner agrees to set aside Block 90 (2.34 hectares) for public elementary school purposes; (ii) That the Owner and the Durham District School Board enter into an agreement for the acquisition of the school block; (iii) That the Owner submits plans indicating existing and proposed grades, drainage and servicing for approval by the Durham District School Board for all lots, blocks, easements and roads abutting the Public Elementary School site; (iv) That the Owner provide the Durham District School Board with a report detailing the soil bearing capacity and composition of soils within the school site. Specifically, the reports will detail the chemical composition of soils and presence of methane and / or radon gas within the school site; (v) That any filling conducted within the school site meets the Durham District School Board criteria for soil bearing capacity and be approved by the Durham District School Board’s soil engineer; (vi) That the Owner rough grade the school site to the satisfaction of the Durham District School Board; (vii) That the Owner agrees to bring all municipal services and connections to the edge of the school site, along the street and submit drawings to the Durham District School Board for approval; and (viii) That the Owner agrees to install a 1.8 meter galvanized or vinyl coated chain link fence of standard school construction (#9 gauge galvanized or #6 gauge vinyl coated) along the perimeter of Block 90 where it abuts proposed or existing residential lands (lots or blocks), and/or any other proposed. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 20 2. That the following conditions are required for the secondary school block: (i) That the Owner agrees to set aside Block 91 (6.49 Ha) for public secondary school purposes; (ii) That the Owner and the Durham District School Board enter into an agreement for the acquisition of the school block; (iii) That the Owner submits plans indicating existing and proposed grades, drainage and servicing for approval by the Durham District School Board for all lots, blocks, easements and roads abutting the Public Secondary School site; (iv) That the Owner provide the Durham District School Board with a report detailing the soil bearing capacity and composition of soils with the school site. Specifically, the reports will detail the chemical composition of soils and presence of methane and / or radon gas within the school site; (v) That any filling conducted within the school site meets the Durham District School Board criteria for soil bearing capacity and be approved by the Durham District School Board’s soil engineer; (vi) That the Owner rough grade the school site to the satisfaction of the Durham District School Board; (vii) That the Owner agrees to bring all municipal services and connections to the edge of the school site, along the street and submit drawings to the Durham District School Board for approval; and (viii) That the Owner agrees to install a 1.8 meter galvanized or vinyl coated chain link fence of standard school construction (#9 gauge galvanized or #6 gauge vinyl coated) along the perimeter of Block 91 where it abuts proposed or existing residential lands (lots or blocks), and/or any other proposed. 3. That the Owner agrees to insert in all agreements of purchase and sale between the Owner and all prospective homebuyers the standard Durham District School Board approved “Notice to Parents”. The “Notice to Parents” reads as follows: “Students from this development may have to attend existing schools. Although an elementary school site and a secondary school site has been reserved within this plan of subdivision, the school / schools may not be constructed for some time, if at all, and then only if the Durham District School Board receives funding for the construction of the school / schools.” 4. That the Owner agrees to post the standard Durham District School Board approved “Notice to Parents” in all sales representation centres (if applicable) or on social media platforms, as appropriate. Section F – Durham Catholic District School Board 1. That prior to final approval, the owner shall have made Agreement satisfactory to the Durham Catholic District School Board for the transfer of an elementary school site as shown in the plan submission. The elementary school site, Block 89 shall contain not less than 2.24 hectares. 2. That the owner shall agree in the Subdivision Agreement in wording satisfactory to the Durham Catholic District School Board: Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 21 (i) to grade Block 89 and in doing so compact, fill with clean material, replace any topsoil disturbed in the grading process and at the same time sod/seed the same lands to specifications determined by the Board; (ii) to remove any buildings on Block 89; (iii) to remove trees, as required to accommodate school layout; (iv) to provide a letter of credit pertaining to stockpiling and removal of topsoil, by taking the volume of topsoil to be stored upon the school site and multiplying such volume by 125% of the current market prices for waste material disposal, as set forth in the latest version of Hanscomb's Yardsticks for Costing, Cost Data for the Canadian Construction Industry, to the satisfaction of the Durham Catholic District School Board; (v) to remove stockpiled topsoil within 30 days of written notice by the Board and in doing so compact, fill with clean material, replace any topsoil disturbed in the grading process and at the same time sod/seed the same lands to specifications determined by the Board; (vi) to construct a galvanized chain link fence, Type II 1 ½ “ mesh, 1.8 m high along all boundaries of the school block, including road frontage(s) at the discretion of the Board; (vii) to construct the fences prior to the issuance of building permits in an appropriate phase to the satisfaction of the Board; (viii) to erect and maintain a sign on the school site at such time as the relevant access roads are constructed, indicating that the date has not been set for the construction of the school; (ix) to provide a geotechnical investigation and Phase 1 and Phase 2 environmental site assessment conducted by a qualified engineer. For an elementary school site a minimum of eight boreholes shall be required; (x) to provide the foregoing at no cost to the Board; and (xi) to assume any upstream and downstream charges for hydro, natural gas, sanitary and storm drainage, and water supply. 3. That the owner shall submit to the Durham Catholic District School Board, at no cost to the Board, a letter from a qualified consultant concerning: (i) the suitability of Block 89 for school construction purposes, relating to soil bearing factors, surface drainage, topography and environmental contaminants; and (ii) the availability of natural gas, electrical, water, storm sewer and sanitary sewer services. 4. That the owner shall agree in the Subdivision Agreement, in wording acceptable to the Durham Catholic District School Board that the services referred to in Condition 3 (ii) shall be installed to the mid-point of the frontage of the elementary school site and positioned as designated by the Board, at no cost to the Board. 5. That prior to final approval, the owner shall submit to the School Board an initial set of engineering plans for review and approval, and subsequently, a copy of the final engineering plans as approved by the City of Pickering which indicate the storm drainage system, utilities, and the overall grading plans for the complete subdivision area. 6. That prior to final approval, the local hydro authority shall have confirmed in writing to the Board that adequate electrical capacity will be supplied to the school site frontage by the developer at no cost to the Board. Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 22 7. That the Durham Catholic District School Board shall advise that conditions 1 to 7 inclusive, have been met to its satisfaction. The clearance letter shall include a brief statement detailing how each condition has been satisfied or carried out. 8. That the subdivision agreement include warning clauses advising that their children may have to attend an existing school, outside of their immediate neighbourhood, although a site in the area has been reserved for a school building, a school may not be built for several years, if at all, and only then if it can be justified to the satisfaction of the Ministry of Education. 9. That the subdivision agreement between the developer and the City of Pickering provide for the installation of sidewalks throughout the development, thereby allowing for a safe pedestrian walking route to the school site. Section G – Ministry of Transportation (MTO) 1. That prior to final approval, the Owner shall submit to the Ministry of Transportation for their review and approval, a Traffic Impact Study (TIS), to assess the impacts and any transportation improvements of the development on Highway 7, Highway 407, and the road networks required to gain access to employment blocks along Highway 7. 2. That the Owner agrees that one access is permitted from Highway 7 to employment blocks located west of Mowbray Street, and no additional access will be permitted onto Highway 407. 3. That the Owner agrees that a highway widening (to be determined by Ministry of Transportation based on the preliminary design) extending across the 407 frontage (as required) be dedicated as public highway for future transitway infrastructure. 4. That the Owner agrees to submit to the Ministry of Transportation for their review and approval a Storm Water Management Report/Plan indicating the intended treatment of the calculated runoff. Section H – Notes to Draft Approval 1. The Owner may revise the draft plan as necessary, to accommodate changes to the number and/or location of stormwater management facilities and local roads within prestige employment blocks (Blocks 114, 115, 116, and 117). 2. 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. 3. All plans of subdivision must be registered in the Land Titles system within the Regional Municipality of Durham. 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: Recommended Conditions of Draft Plan Approval SP-2015-03 (R) Page 23 (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 (iv) Durham Catholic District School Board, 652 Rossland Rd W. Oshawa, Ontario, L1J 8M7 (v) Ministry of Transportation, 159 Sir William Hearst Avenue, 7th Floor, Toronto, Ontario M3M 0B7 Appendix II to Report PLN 39-22 Recommended Zoning By-law Provisions for Zoning By-law Amendment A 05/15 (R) The Corporation of the City of Pickering Draft By-law No. XXXX/22 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 20, 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 20, 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. Schedules I, II and III Schedules I, II and III 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 20, Concession 5, in the City of Pickering, designated “MD-DS”, “MD-DS-2” “MD-M”, “MC2”, “MC3”, “CN”, “CN-PP”, “CU”, “PEN”, “PEG”, “OS,” “SWM”, and Section 11.1 Holding Zones on Schedules I, II and III 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. Amendment Insert a new row to Table 11 which establishes the Lot and Building and Structure exceptions that apply to the Residential Zones as follows: Zone # Address Description of Special Provision MD-DS 2 SP-2015-05 (R) Block 37 A 05/15 (R) Section 4.7, Medium Density – Detached & Semi (MD-DS) Zone Provision. A minimum rear yard shall be 4.3 metres for detached dwelling, accessed from a street abutting the front lot line or flankage lot line for lands zoned MD-DS-2” By-law No. XXXX/22 Page 2 5. By-law 3037 ___________________________________ ___________________________________ The provisions of By-law 3037 of the City of Pickering, and the associated amendments, are hereby repealed insofar as they affect the lands covered by this By-law as shown on Schedules I, II and III to this By-law. 6. 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 Schedules I, II and III 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. 7. 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, 2022. Draft David Ryan, Mayor Draft Susan Cassel, City Clerk PEG SWM/PEGOS SW M / P E G PEN SWM/PEN SWM/PEN PEN PEN SWM PEN PEN MD-DSMD-DS-2 OS MD-M PEN D o n n a l e a A v e n u e Mo w b r a y S t r e e t De l m e a d e Ro a d Br o u g h a m R o a d Tisha Road OrchardHeightsDrive Spring Street Highway 7 B r o c k R o a d Si d e l i n e 2 0 Clerk Mayor Schedule I to By-LawPassed ThisDay of NXXXX/22 XXth September 2022 Hold Zone See Section 11.1 of By-law Proposed Roads PEN MD-DSMD-DS-2 OS MD-M MD-DS OS OS CN- P P SWM CN PEN PEN CN MC3 CN- P P MC3 MC2 MD-M OS MD-DS MD-M SWM CU CU MC2 MD-DS OS OS OS M D - M MC3 MC2 SWM Broc k R o a d Fifth Concession RoadAlexander Knox Road Si d e l i n e 1 6 Clerk Mayor Schedule II to By-LawPassed ThisDay of NXXXX/22 XXth September 2022 MD-DS Hold Zone See Section 11.1 of By-law Proposed Roads E l s a S t o r r y A v e n u e Br o c k R o a d Fifth Concession RoadAlexander Knox Road Clerk Mayor Schedule III to By-LawPassed ThisDay of NXXXX/22 XXth September 2022 MC2/SWM MC2 MC3 Hold Zone See Section 11.1 of By-law Attachment #1 to Report PLN 39-22 H i g h w a y 4 0 7 Broc k R o a d E l s a S t orr y A venue Don BeerMemorialPark © 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 MapFile:SP-2015-03 (R) and A05/15 (R) Date: Feb. 07, 2022 Phase 1A L:\PLANNING\01-MapFiles\SP\2015\SP-2015-03 & A0515\V2 - 2022\SP2015-03R A0515R_LocationMap_v2.mxd 1:13,500 SCALE:THIS IS NOT A PLAN OF SURVEY. Property Description:Part of Lots 17 to 19, Concession 4, Part Lots 17 to 21, Applicant:Seaton TFPM Inc. Subject Lands Concession 5 Alexander Knox Drive Fifth Concession Road Si d e l i n e 1 6 Mu l b e r r y L a n e Highway 7 Mo w b r a y S t r e e t Do n n a l e a Av e n u e Sp r i n g St r e e t To w n o f A j a x Attachment #2 to Report PLN 39-22 Broc k R o a d H i g h w a y 4 0 7 Donnal e a A v e n u e Mo w b r a y S t r e e t Fifth Concession RoadAlexander Knox Drive Highway 7 S i d e l i n e 2 0 S pri ngS t reet E l s a S t orry A venue Mu l b e r r y L a n e S i d e l i n e 1 6 Air Photo MapFile:Applicant:Property Description: SP-2015-03 (R) and A05/15 (R) Date: Feb. 14, 2022 Seaton TFPM Inc.Parts of Lots 17 to 19, Concession 4, Part Lots 17 to 21, SubjectLands L:\PLANNING\01-MapFiles\SP\2015\SP-2015-03 & A0515\V2 - 2022\SP-2015-03R_AirPhoto_standard.mxd 1:13,500 SCALE:THIS IS NOT A PLAN OF SURVEY. © 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 Concession 5 Phase 1A Attachment #3 to Report PLN 39-22 Details of the Draft Plan of Subdivision File: SP-2015-03 (R) Land Use Blocks (Total) Area (hectares) Prestige Employment Node 12 33.75 Prestige Employment General 2 14.27 Community Node 2 4.05 Mixed Corridor Type 2 5 8.74 Gateway 5 3.50 Street Townhouse Dwelling Units 31 12.27 Detached Dwelling Units 13 5.28 High School 1 6.49 Elementary Schools 2 4.58 Recreation Centre 1 4.19 Neighbourhood Park 2 3.04 Village Green 1 0.30 Trail Head 5 0.10 Enhanced Pedestrian Boulevard 1 0.05 Overland Flow 1 0.17 Stormwater Management Pond 6 7.24 Open Space 1 0.04 New Road Allowance 2 0.15 Servicing 1 0.11 Reserve 2 0.21 Municipal ROW 13.39 Total 95 Blocks 121.92 Hectares Residential Type of Units Number of Units Detached Dwellings 144 Street Townhouse Dwellings 601 Mixed Corridor Type 2 Dwellings 526 Gateway 596 Community Node Dwellings 338 Total Approximately 2,205 Units Attachment #4 to Report PLN 39-22 Colour Revised Draft Plan of Subdivision City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2015-03 & A05/15 Property Description: File No: Part of Lots 17 to 19, Concession 4, Part Lots 17 to 21, L:\Planning\01-MapFiles\SP\2015 Applicant: Seaton TFPM Inc. Concession 5 August 16, 2022DATE: Added local municipal roads and stormwater management ponds to Employment Blocks Added right-of-way access to Employment Blocks Added an east-west trailhead block from Neighbourhood Park Block across Natural Heritage System Added a trailhead block to connect to Neighbourhood Park Block Attachment #5 to Report PLN 39-22 Neighbourhood 20: Thompson's Corner Neighbourhood Plan City Development Department August 10, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2015-03 (R) and A05/15 (R) Property Description: DATE: File No: Part of Lots 17 to 19, Concession 4, Part Lots 17 to 21, L:\Planning\01-MapFiles\SP\2015 Applicant: Seaton TFPM Inc. Concession 5 RC CP NP ES VG VG HS BR O C K R O A D NP NP ES ES HL HL HL DE C VG HL T MCC VG SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM SWM HL VG VG 0 100 200 500 metres Neighbourhood 20: Thompson's Corners Neighbourhood Plan Seaton Natural Heritage System SWM Facility (* see note below) Trailheads Terminal Views Community Park Neighbourhood Park Village Green Recreation Centre District Energy Elementary School High School Low Density Area Type 1 Medium Density Area Mixed Corridor Type 2 Community Node Prestige Employment Node Prestige Employment Gateway Site Future Transitway Station Controlled Access Area Heritage Lots Cemetery Extension Pedestrian Predominant Street Primary Neighbourhood Connecting Trails Primary Recreational Trails Secondary Recreational Trails Primary Bikeway Secondary Bikeway Local Road in NHS see Section 12.22 (m)(ii) Neighbourhood Boundary Full Movement Intersection T Intersection Right In/Right Out Intersection ES HS NP VG CP DE HL C SCHEDULE XII to PICKERING OFFICIAL PLAN N21 N19 N17 RC T SWM Note: The number, size and location of storm water management facilities shown on this schedule are conceptual only and are subject to approval as set out in Section 11.73 and section 12.22 (m) (iv) of this Plan. © Attachment #6 to Report PLN 39-22 Applicant's Phasing Plan City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2015-03 (R) and A05/15 (R) DATE: File No: L:\Planning\01-MapFiles\SP\2015 N Property Description:Part of Lots 17 to 19, Concession 4, Part Lots 17 to 21, Applicant: Seaton TFPM Inc Concession 5 August 11, 2022 Attachment #7 to Report PLN 39-22 Revised Draft Plan of Subdivision (Part A) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. SP-2015-03 (R) and A05/15 (R) Property Description: DATE: File No: Part of Lots 17 to 19, Concession 4, Part Lots 17 to 21, L:\Planning\01-MapFiles\SP\2015 Applicant: Seaton TFPM Inc. Concession 5 N August 15, 2022 Attachment #8 to Report PLN 39-22 Revised Draft Plan of Subdivision (Part B) City Development Department August 15, 2022FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT.DATE: L:\Planning\01-MapFiles\SP\2015 SP-2015-03 (R) and A05/15 (R) Property Description: File No: Applicant: Seaton TFPM Inc. Concession 5 Part of Lots 17 to 19, Concession 4, Part Lots 17 to 21, N