HomeMy WebLinkAboutCAO 05-09 (2)
REPORT TO
Report CAO 05-09 EXECUTIVE COMMITTEE
PI ~KERI Referred to Sept. 21, 2009 Council
- Report Number: CAO 05-09
Date: July 6, 2:009 135
From: Thomas J. Quinn
Chief Administrative Officer
Subject: Seaton Neighbourhood Planning Program
- Direction to Proceed with Program
File: D-1100-001
Recommendation:
1. That Report CAO 05-09 of the Chief Administrative Officer regarding the Seaton
Neighbourhood Planning Program be received;
2. That staff be directed to proceed with the issuance of a Request for Proposals to
hire a qualified consulting team to undertake the Seaton Neighbourhood Planning
Program in accordance with the Terms of Reference set out in Appendix I to this
Report;
3. That Council Resolution # 210-08 of October 20, 2008, concerning the Seaton
Neighbourhood Planning Program be rescinded;
4. That Council request financial assistance from the Province of Ontario to undertake
the Seaton Neighbourhood Planning Program; and
4
5. Further, that a copy of this Report be forward to the Ministry of Municipal Affairs and
Housing, Ministry of Energy and Infrastructure, the Ontario Realty Corporation, the
Region of Durham, the Trustee for the North Pickering Development Management
Inc. and the Sernas Group on behalf of the Seaton Landowner Group.
Executive Summary: On October 20, 2008, Council passed Resolution # 210-08
concerning the Seaton Neighbourhood Planning Program (see Attachment No. 1).
Through that Resolution, Council took a position on a number of matters, including:
• Endorsed Terms of Reference for the Seaton Neighbourhood Planning Program;
• Endorsed a collaborative management approach to undertaking the Program
between the City and the Seaton Landowner Group; and
• Authorized the issuance of a Request for Proposal by the Seaton Landowner
Group to qualified consulting firms to undertake the Neighbourhood Planning
Program in accordance with the approved Terms of Reference.
Report CAO 05-09 July 6, 2009
Seaton Neighbourhood Planning Program Page 2
136
Since that time and despite our repeated requests, staff has been unable to obtain the
agreement of the Seaton Landowner Group to work with the City in a collaborative
manner to undertake the comprehensive Neighbourhood Planning Program.
Moreover, rather than pursuing a collaborative approach, two of the Seaton landowners
have recently submitted Official Plan amendment applications to the City for the
approval of neighbourhood plans for their lands. We have also been advised that other
Seaton landowners are considering submitting similar Official Plan amendment
applications.
The interests of the City are not well served if neighbourhood plans for Seaton are
prepared by individual landowners on a neighbourhood by neighbourhood basis rather
than on a comprehensive basis. This "piece-meal" planning approach also provides
little confidence that the vision for Seaton as a sustainable urban community will be
respected or achieved.
Accordingly, it is recommended that Council rescind its previous direction to proceed on
a collaborative basis with the Seaton Landowner Group, and direct staff to proceed with
the Seaton Neighbourhood Planning Program as a City initiative, in accordance with the
Terms of Reference set out in Appendix I.
Financial Implications: There re no financial implicati s to the City to send out a
Request for Proposals (RFP). Sta ouncil in September on the
results of the RFP with detailed information on cost. As noted in the recommendations
to the Report, financial assistance is being requested from the Province of Ontario to
undertake the Seaton Neighbourhood Planning Program. It is the intent that this work
be funded by the Province (and/or others) not the City.
The estimated cost of the Program as outlined in the Terms of Reference is
approximately $800,000. The exact cost will not be known until the proposals are
received through the RFP process.
Sustainability Implications: Seaton is intended to be a national and potentially
international model of urban sustainability. Accordingly, an important initial step in the
Neighbourhood Planning Program as set out in the Terms of Reference is the
establishment of performance measures to benchmark and assess the ongoing
sustainability of Seaton. As part of the program, a number of performance measures
will be developed including measures related to energy conservation, building and
community design, cultural heritage conservation, accessibility for the disabled, air
quality, human health promotion and environmental net gain.
Report CAO 05-09 July 6, 2009
Seaton Neighbourhood Planning Program Page 3 137
Background: The provincially approved CPDP sets out a vision for Seaton as a
sustainable urban community supporting 70,000 residents and 35,000 jobs - a vision
that the City shares and supports. Indeed, this vision for Seaton was adopted by the
Province in large part because of the input provided by the City and others during the
preparation of the CPDP.
The CPDP also outlines a three stage planning process.
Stage One involves the approval of the CPDP and complementary Official Plan
amendments by the Region and the City.
Stage Two involves the approval of a number of other plans and studies that work
together to facilitate the logical phasing and development of Seaton. It also includes the
preparation and approval by the City of detailed neighbourhood plans.
Stage Three involves the ongoing role of the City in managing change in Seaton over
the long term.
In October 2008, Pickering Council passed Resolution # 210-08 which is attached to
this Report as Attachment No. 1. This Resolution provided direction on a number of
important matters related to the Seaton Neighbourhood Planning Program, including:
• Approving Terms of Reference for undertaking the comprehensive
.Neighbourhood Planning Program for all of Seaton, including a number of
revisions made by Council to address and clarify matters related to public
consultation, conflict of interest, community facility requirements, the early
introduction of transit services, and jobs in the Highway 407 employment corridor
prior to residential development;
• Endorsing a collaborative management approach to the study between the City
and the Seaton Landowner Group, and requiring a Management Committee
Agreement with the Landowner Group in order to formalize the collaborative
working arrangement;
• Authorizing the issuance of a Request for Proposal by the Seaton Landowner
Group to qualified consulting firms interested in undertaking the Neighbourhood
Planning Program;
• Appointing the Director, Office of Sustainability; the Director, Planning &
Development; and the Manager, Policy to a Seaton Neighbourhood Planning
Program Management Committee; and
• Confirming Council's desire to have the final decision on any matters regarding
the Seaton Neighbourhood Planning Program, and requesting City staff to
formally report to Council regularly for information, direction and endorsement as
necessary and as work progresses.
Report CAO 05-09 July 6, 2009
Seaton Neighbourhood Planning Program Page 4
132
Following Council's approval of this Resolution, in order to move forward with the
project, the City sent a draft "Management Committee Agreement" to the Seaton
Landowner Group for review and comment. No formal response was received. Follow-
up conversations with various landowners ensued, and it became increasingly apparent
that some of the landowners were not prepared to proceed in a collaborative manner
with the City as long as. the approved Terms of Reference contained a provision
requiring jobs in the Highway 407 employment corridor before residential development.
In addition, over the past few months, a number of discussions have been held at the
request of the Minister of Energy and Infrastructure to see if consensus could be
reached between the Province, the Seaton Landowner Group, the Region of Durham
and the City on a possible path forward with respect to the remaining planning and other
pre-development work associated with Seaton. Despite some progress being made on
some issues, no consensus was reached on moving forward collaboratively with,the
City's Neighbourhood Planning Program.
In fact, during the course of these discussions, two of the Seaton landowners chose to
submit individual Official Plan amendment applications to the City for the approval of
Neighbourhood Plans for their lands. Amendment applications were submitted for
seven separate neighbourhoods. These submissions "started the clock" and set the
stage for possible Ontario Municipal Board appeals. They also send a very clear
message that there is no longer a consensus amongst the Seaton Landowner Group to
work collaboratively with the City on the Neighbourhood Planning Program.
This leaves the City with very little choice but to proceed with the Neighbourhood
Planning Program as a City initiative. It would not be in the-best interest of Pickering if
detailed neighbourhood plans for Seaton are prepared on a neighbourhood by
neighbourhood basis by individual landowners and then submitted to the City for our
review and approval (or approval through an appeal to the Ontario Municipal. Board). A
developer-driven, "piece-meal" approach to neighbourhood planning is inappropriate for
a community as large and important as Seaton. It also provides little confidence that at
the end of the exercise, it will be possible to achieve and maintain the vision for Seaton
as a sustainable urban community of 70,000 people and 35,000 jobs.
It is therefore recommended that Council rescind its previous direction to proceed on a
collaborative basis with the Seaton Landowner Group, and direct staff to proceed with
the Seaton Neighbourhood Planning Program as a City initiative, in accordance with the
Terms of Reference set out in Appendix I.
The Terms of Reference are very similar to the Terms of Reference endorsed by
Council in October 2008, except that changes have been made to delete or modify any
reference to a collaborative management approach with the Seaton Landowner Group
and to update the status of related studies and background information. The changes
are not substantive - there are of a technical or housekeeping nature in order to allow
the City to move forward at this time with the Neighbourhood Planning Program as a
City initiative, with funding assistance from the Province.
Report CAO 05-09 July 6, 2009
Seaton Neighbourhood Planning Program Page 5 1.39
Although "collaboration" with the Seaton Landowner Group will no longer be an explicit
requirement of the Terms of Reference, input from the Seaton landowners (and others)
will be sought regularly throughout the Neighbourhood Planning Program, and all
studies, background information and applications submitted by the Seaton landowners
will be used as input to the process.
Appendix:
I Seaton Neighbourhood Planning Program Terms of Reference dated June 2009
Attachment:
1. Pickering Council Resolution # 210-08
Prepared By: Approved/Endorsed By:
Thomas E. Mel uk o as J. Qui
(Acting) Chief dministrative Office Chief Administr ive Officer
Neil Carro
Director, Planning & Development
Catherine Rose
Manager, Policy
TM:jh
Recommended' for the consideration
of Pickering City ouncil
cw ?
X as J. Quin DM MM III
Chief Administr e Officer
APPENDIX I TO
1 4 0 REPORT CAO 05-09
TERMS OF REFERENCE
SEATON NEIGHBOURHOOD PLANNING PROGRAM
JUNE 2009
141
CENTRAL PICKERING DEVELOPMENT PLAN
SEATON NEIGHBOURHOOD PLANNING PROGAM
1.0 BACKGROUND
1:1 Introduction
Over the next 20 years, a significant amount of.Pickering's new growth will occur
in the existing urban area as infill and intensification. The City is also planning
for the development of a greenfield urban area for 35,000 jobs and 70,000
persons. This urban area is referred to as the Seaton Community.
The City of Pickering is seeking the professional services of a qualified
Consulting Team to undertake the Neighbourhood Planning Program for lands in
the Seaton Community. The study will be undertaken in cooperation with the
Province of Ontario, the Region of Durham, and in consultation with the public,
agencies and other stakeholders. The selection of the Consulting Team is to be
to the satisfaction of the City.
1.2 Seaton Community Location and Area
Seaton is bounded generally by Highway 7 to the north, the West Duffins Creek
to the west, the C. P. Railway to the south, and the boundary between the City of
Pickering and the Town of Ajax on the east. The Seaton Community, together
with lands to the west to the boundary between the City of Pickering and the City
of Toronto - Town of Markham, comprise Central Pickering (see map,
Attachment #1).
The Seaton lands have a rich cultural history. Early occupation of the land
occurred following the retreat of the Wisconsin glacier in about 9500 BC. First
Nations continued occupation and settlement of the area until Euro-Canadian
farm settlers began to dominate starting in the 1800s. The hamlets of Green
River, Brougham and Whitevale, which abut the Seaton lands, developed to
serve the farm communities and remain today as small settlements. Whitevale
and its environs are designated as a Heritage District.
Following a recent history of expropriation by the Province for the development of
a new community, designation of the lands as "urban area", numerous planning
studies, and finally a land exchange between the Province and several
developers, the future of the Seaton lands is now one of urban development.
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Nevertheless, over 50% of the land in Seaton is being retained in a rich and
extensive natural heritage system. Lands in the natural heritage system will
remain in the ownership of the Province. Through the land.exchange, about half
of the developable lands (about 620 ha) are now in the ownership of four major
developers. The Province has retained ownership of about one-third of the
residentially-designated lands (about 225 ha), and all of the employment lands
(about 400 ha).
1.3 Central Pickering Development Plan
The most recent planning study completed was by the Province of Ontario in
2006. The Province completed the Central Pickering Development Plan (CPDP),
under the Ontario Planning and Development Act. A significant amount of
background and planning work was completed during the preparation of the
CPDP. The Plan contains land use designations and detailed goals, objectives,
policies and implementation strategies for Seaton. Most importantly, the Plan
contains a clear vision for a sustainable urban community.
1.4 Sustainable Pickering
Pickering Council launched a comprehensive Sustainable Pickering program in
2005. The program is grounded on five sustainability objectives (healthy
environment, healthy society, healthy economy, responsible development, and
responsible consumption). Various initiatives have been and are being
undertaken by the City and its partners under each of these objectives, including
initiatives related to climate change, energy management, environmental
protection, job creation, waste reduction and sustainable development.
In 2008, Pickering became the first municipality in Ontario to establish an Office
of Sustainability to oversee and guide Pickering's transformation from a suburban
community to a sustainable City. It is the City's expectation that the development j
of Seaton will make a substantial contribution to this transformation, and set a
new benchmark for sustainable community development in Ontario and Canada.
1.5 Initiating the Neighbourhood Planning Process
On May 22, 2007, Council passed Resolution #114/07 authorizing staff to initiate
the process for hiring an appropriate consulting firm to prepare neighbourhood
plans for Seaton.
The Terms of Reference for this Study were prepared by City staff with input from
the Seaton Advisory Committee, senior City staff, and landowner
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representatives, Ministry, of Municipal Affairs and Housing representatives and
the Region of Durham representatives. City Council endorsed the Terms of
Reference on XXXX, 2009.
1.6 Public Engagement & Consultation
The City of Pickering is committed to public involvement, participation, openness
and accountability in addressing land use issues. The public includes the City's
residents, business-people, landowners, relevant public agencies, and other
interested groups and individuals. In keeping with the City's fundamental
approach to doing business, inclusive and meaningful public involvement must
also be integral to the undertaking of the Neighbourhood Planning study.
Section 4.0 of the Terms of Reference identifies the requirements for the
Consulting Team to outline their specific approach to public stakeholder and First
Nations consultation.
1.7 The Consulting Team
The City of Pickering is looking for a superior interdisciplinary consulting team to
undertake.the Seaton Neighbourhood Planning Program. As project manager,
your past experience demonstrates your abilities to coordinate major
multidisciplinary projects of a similar scope and scale, exercise strong financial
control, integrate and/or inform work underway through related studies by others,
and creatively address competing interests. Your team demonstrates strong
leadership skills and a commitment to implementing the model of sustainable
development set out in the Central Pickering Development Plan.
Your team brings expertise in sustainable community development, urban
design, housing, retail market assessment, parks and recreation, transportation,
engineering, planning, landscape ecology, communication, consultation and
engagement, report writing and drafting policy. Your team values the extensive
base of work completed for the Central Pickering Development Plan, recent
reports by the Province and the Landowner Group, and related work by the City
of Pickering, and is willing to build upon it.
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1.8 Consultant Selection
The consulting team shall include in their proposal a section on Conflict of
Interest. This section shall contain information respecting disclosure of possible
conflict of interest, including any business, financial or other interest respecting
the lands, owners/developers of the Seaton lands, or prospective
owners/developers of the Seaton lands.
The Evaluation criteria to be used by the Selection Committee for reviewing the
proposals and recommending a consulting team to Council may include, but shall
not be limited to, the factors listed below. The Selection Committee may apply
different weights to the different factors:
• Overall completeness and quality of submission
• Relevant company experience, scope and value of similar completed projects
• Professional qualifications and experience of project personnel
• Understanding of Provincial, Regional and Pickering objectives for the
development of Seaton
• Experience with planning and developing innovative and marketable projects
in the GTA, and with sustainable community design
• The quality of the public and First Nations consultation programs
• Creative approach to completing the study
• Approach to incorporating leading edge sustainable community design
• Approach to integrating and informing related implementation studies
• Detailed project schedule, timetable and work program
• Cost effectiveness to deliver project
• The advice of references provided in the submission
• The oral and visual presentation, if selected for an interview
2.0 THE PROJECT
2.1 Purpose of the Project
The purpose of the project is to undertake the Neighbourhood Planning Program
for Seaton. The CPDP identifies a number of implementation studies and the
proponents for those studies. The CPDP identifies the following studies as being
required in relation to the neighbourhood planning program: development of
sustainable performance measures and benchmarks; preparation of
neighbourhood plans and related amendments to the Pickering Official Plan; a
retail market analysis; and the affordable housing strategy. To complete the
neighbourhood planning program, the City has identified several other matters
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that need to be addressed (such as urban design guidelines, development
guidelines, and a community services and facilities plan).
2.2 Relationship to Other Implementation Studies
Where other implementation studies have been completed by others, the
consulting team shall integrate, where appropriate, the findings and
recommendations of those studies into the Neighbourhood Planning Program.
Where studies are in progress or commence during the course of this project, the
consulting team shall where appropriate integrate available information, findings
and conclusions, and inform those studies through work on the Neighbourhood
Planning Program.
The chart on the following page lists the other implementation studies, some of
the key topics of that study related to the Neighbourhood Planning Program, the
status of the studies, and the proponent.
Study Name Status Proponent
- Topics related to Neighbourhood Planning
Program
Highway 407 (Seaton Lands) Economic Completed Province
Development Study
- Detailed land uses and policies
- Detailed road patterns
- Urban Design Guidelines
- Sustainability Guidelines
- Phasing
- Implementation strategies
DurhamNork/Toronto Transportation Study In progress; Province
Draft Report
completed
January 2009
Natural Heritage System Management Plan & Completed Province
Master Trails Plan Study
- Principles for trail heads, network
- NHS/ development interface
Seaton Trail Management Plan In progress Oak Ridges
Moraine Trust;
Cit ; TRCA
Water Balance Study Completed Province
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Fiscal Impact Study (Pickering) In progress Landowners
- Phasing
Fiscal Impact Study (Regional) In progress Landowners
- Phasing
Master Environmental Servicing Plan In progress; Landowners
- Phasing Existing
- Precise location of road/creek crossings Conditions
- Location and size of stormwater management Report
facilities completed
- Location and size of major community facilities August 2008
- Trail network
- 3-D Groundwater Model
- Major utility placement
- Energy management plan
Transit Development Charge By-law (Regional; Completed* Region
excludes Seaton. Note: Completed* November
2007, effective January 1, 2008
Development Charges Study & By-law (Regional Completed* Region
water, sewer, roads and soft services. Note: By-
law excludes Seaton for water and sewer, but
includes Seaton for roads and soft services
Water Supply, Sanitary Sewerage and In Progress; Region
Transportation EA (Regional) Regional
- Detailed locations of water, roads and sewers Council
- Phasing selected
consultant in
June 2009
Conformity amendments (Durham Regional Pending Region
Official Plan
Development Charges Study & By-law (Regional Pending Region
water, sewer and transit for Seaton only)
Conformity amendments (Pickering Official Plan Pending City
Development Charges Study & By-law (City - In progress; City
excluding Seaton) Background
Study
completed
May 2009
Development Charge Study & By-law (City - Pending City
Seaton specific)
Duffins Creek & Carruthers Creek Watershed Completed TRCA
Plans
*Under appeal
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3.0 DETAIL OF WORK TO BE UNDERTAKEN BY THE CONSULTANT
3.1 Neighbourhood Planning Program
3.1.1 Seaton Community Sustainable Development Program
The CPDP identifies six broad sustainable community principles. The principles
include:
fostering a healthy natural environment;
• encouraging a healthy built environment;
• ensuring economic health;
• creating opportunities for public education and public awareness;
• fostering social and cultural well-being; and
• providing appropriate measures for monitoring and measuring success.
The preparation, review and approval of development applications within Seaton
will be carried out with the view to achieving these principles.
Performance measures are to be established and incorporated in the
Neighbourhood Plans to play a role in the, ongoing success at achieving
sustainability.
Building on the City's work on sustainability, including our Measuring
Sustainability initiative, Draft Sustainable Development Guidelines for
Neighbourhoods and for Draft Plans, Rezonings, Site Plans and Building
Permits, and Draft Sustainable Neighbourhood Scorecard, Partners for Climate
Protection Plan, and the sustainable development principles and guidelines in the
CPDP, the consulting team shall prepare the Seaton Community Sustainable
Development Program.
The Program shall include: the preparation of sustainability performance
measures and benchmarks for the development of Seaton, integrating the
sustainability guidelines from the Highway 407 (Seaton) Economic Development
Study, performance measures and benchmarks for matters including but not
limited to energy conservation, building and community design, transit usage,
cultural heritage conservation, accessibility for the disabled, air quality, human
health promotion and environmental net gain; the monitoring process;
identification of short, medium and long term actions that address integration of
the community sustainability principles in the Neighbourhood Plans; and
implementation of the Program into the development review and approvals
process including recommended official plan policy support.
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3.1.2 Urban Design Guidelines
Urban design guidelines help bridge the gap between policy, zoning and site
development, and knit together public and private spaces. With higher intensities
of development, urban design becomes a key element to creating livable
communities.
Building upon the neighbourhood development principles and guidelines in the
CPDP, the urban design and sustainability guidelines contained in the CPDP,
and the City's existing design principles and considerations in the Pickering
Official Plan, the consulting team shall prepare the urban design guidelines for
Mixed Use Areas and Residential Areas. The Guidelines shall: use text,
graphics, drawing and maps as required; address urban form, architectural
control, landscaping, public realm, streetscapes, focal points, and significant
views and vistas; place particular emphasis on development in Mixed Use,Areas
and development adjacent to arterial and collector roads; and identify
recommended official plan policy support. The Guidelines will become the basis
for the draft Development Guidelines (see task 3.1.8).
Urban design guidelines have been prepared for the Employment Lands through
the Provincial Highway 407 (Seaton Lands) Economic Development Study, and
is the basis for the draft Development Guidelines (see task 3.1.8) covering the
Employment Lands.
3.1.3 Affordable Housing Strategy
It is an objective of the CPDP that the Seaton Community provide an adequate
range of housing opportunities that respond to existing and future needs, and
characteristics of the anticipated population in terms of form, location, size, cost
and tenure. The CPDP requires the preparation of a strategy detailing the
-means to achieve a 25% target of new residential units in housing forms
considered affordable to low and moderate-income households. The strategy
shall identify appropriate housing forms and shall be implemented through the
neighbourhood plans. Contributions to the 25% target may vary by
neighbourhood.
In the context of the overall housing objectives for Seaton, the consulting team
shall prepare an Affordable Housing Strategy to achieve a 25% target of new
residential units in housing forms considered affordable to low and
moderate-income households. The Strategy shall identify: the appropriate
housing forms considered affordable to low and moderate-income households;
the , recommended distribution of such forms within and between
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neighbourhoods; and the recommended official plan policy and other
implementation measures to achieve the target.
3.1.4 Retail Market Analysis
The CPDP designates lands for mixed uses. The mixed use designations permit,
in addition to medium and higher density residential uses, the introduction of
retail uses. The CPDP requires a retail market analysis to assess and rationalize
the amount of retail floor space to serve the population in Seaton.
The consulting team shall prepare a Retail Market Analysis. The analysis shall:
determine the amount, location, hierarchy and distribution of retail uses for the
population in Seaton, in keeping with the vision of Seaton as a sustainable,
mixed-use, transit-supportive and pedestrian-friendly community; and identify
recommended official plan policies to implement the results of the analysis.
In completing the Retail Market Analysis, if a concentration of commercial floor
space is proposed exceeding 56,000 m2 or larger on an individual or cumulative
basis, the analysis is required to ensure the proposal does not unduly affect the
planned function and viability of any other -Downtown Pickering or other local
Centre.
The Seaton Landowner Group prepared a retail market analysis in September
2005, and is to be used as input to this study.
3.1.5 Community Services and Facilities Plan
Community, cultural, recreational and other public uses are an essential
component of the development of the Seaton Community.
The Consulting Team shall prepare a Community Services and Facilities Plan for
Seaton to guide the provision of recreation, parks (including open space and
trails), culture (including libraries) and other municipally provided facilities. The
Community Services and Facilities Plan shall: include the projected
demographic profile for Pickering and Seaton for the next 20 years (to build out);
include an assessment of trends in parks, recreation and leisure services over
the next 20 years (to build out); identify leading examples of best practices
regarding parks and recreation and municipal facility development demonstrating
sustainable development,. successful joint and mixed use facilities, and other
strategies to achieve land use efficiencies; identify the community needs and
uses in all areas of recreation programs, facilities, services, parks and open
space and other facility needs including an appropriate hierarchy, function, and
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property and facility sizes and locations; and the anticipated timing and phasing
of uses relative to the timing of development.
For clarification, in identifying joint and mixed use facilities, the consultant should
look at integration of facilities among different providers (Regional, City, school
board, places of worship, etc.).
A Master Environmental Servicing Plan (MESP) is underway, and anticipated to
be completed during 2009. One deliverable of the MESP is to identify the
number and general locations of major community facilities, including emergency
service facilities, secondary schools, neighbourhood and community parks, and
recreation complexes. The consultant should confirm or revise the community
facilities information from MESP in light of the work from in the Neighbourhood
Planning Program,
3.1.6 Neighbourhood Plans
i
The CPDP requires the preparation of Neighbourhood Plans to implement the
Central Pickering Development Plan. Neighbourhood Plans will become part of
the Pickering Official Plan by amendment. The CPDP states that it is an
objective in respect of employment to "Plan for a community that will
accommodate 35,000 jobs" and with respect to housing and mixed use, to "Plan
for a community with a population of up to 70,000 residents".
Developers within Seaton have prepared and submitted to the City draft plan of
subdivision applications. Some developers have prepared official plan
amendment applications for Neighbourhood Plans for their lands. These plans
are input to the preparation and analysis of neighbourhood plans.
The consulting team shall prepare Neighbourhood Plans for all lands in the
Seaton Community, whether the lands are part of the natural heritage system,
the employment lands, or the mixed use and residential designations. The
consulting team shall: identify appropriate neighbourhood boundaries combining
more than one pocket of developable land where appropriate; and prepare a
comprehensive Neighbourhood Plan for each neighbourhood.
The Neighbourhood Plans shall: address the list of matters detailed in
Appendix A to this Terms of Reference; integrate where appropriate the results of
the background and other related studies such as but not limited to the Highway,
407 (Seaton) Economic Development Study, Natural Heritage System
Management Plan and Master Trail Study, and the Master Environmental
Servicing Plan; use policies, designations, schedules and maps as necessary;
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and implement the vision of a sustainable, mixed use, transit-supportive
community.
3.1.7 Draft Conformity Amendment to the Pickering Official Plan
Amendments are required to the Pickering Official Plan to bring it in to conformity
with the CPDP. The Neighbourhood Plans will also be incorporated into the
Official Plan by amendment.
The consulting team shall prepare: draft policy and schedule amendments to
Pickering Official Plan incorporating the Seaton Neighbourhood Plans as well as
revisions to other sections of the Official Plan as may be required. to reflect the
findings of the outcomes of the Seaton Community Neighbourhood Planning
Program; and prepare draft revisions to the informational text and to the maps in
the Plan as necessary.
The consulting team shall also identify draft Regional Official Plan amendments
that may be required as a result of the Pickering Official Plan amendments.
3.1.8 Draft Development Guidelines for the Compendium Document to the Pickering
Official Plan
In Pickering, some urban design guidelines and other development controls are
identified in Council-adopted Development Guidelines. The Development
Guidelines are contained in a Compendium Document to the Pickering. Official
Plan.
The consulting team shall prepare draft Development Guidelines for Seaton. The
Guidelines shall: identify appropriate lands or corridors requiring Development
Guidelines; incorporate relevant material from the Neighbourhood Planning
Program that is to be Council-adopted, rather than form part of the Official Plan.
4.0 COMMUNITY OUTREACH AND FIRST NATIONS CONSULTATION
Community consultation is an integral part of undertaking the neighbourhood
planning study. Community consultation provides an opportunity to explore and
test options with the public, agencies, development industry and others.
The Consulting Team shall: design and undertake effective and inclusive
Community Outreach and First Nations Consultation programs, with the
objectives to engage, obtain comments from, and exchange information with,
members of the community, on anon-going basis during the study; describe their
18 June 2009 Page 11
3 152
Central Pickering Development Plan
Seaton Neighbourhood Planning Program
Recommended Terms of Reference
approach to public, agency and other stakeholder consultation, including how the
community Outreach Program will engage and obtain the views of Pickering's
multicultural population, and other groups who are less inclined to participate in
traditional planning processes; describe their approach to engaging First Nations,
Metis and other aboriginals in this process; and prepare a Community & Agency
Consultation Report and a First Nations Consultation Report.
5.0 DELIVERABLES
For the reports listed below, it is anticipated that a "Draft", a "Revised Draft" and
a "Final" Report will be required. The Management Committee may give
direction during the course of the Study on whether any particular report does not
require both the draft or revised draft version.
1. Seaton Community Sustainable Development Program
2. Urban Design Guidelines (for required areas)
3. Affordable Housing Strategy
4. Retail Market Analysis
5. Community Services and Facilities Plan
6. Neighbourhood Plans (for all lands in Seaton)
7. Draft Pickering Official Plan Conformity Amendment & Related Draft Regional
Plan Amendment
8. Draft Development Guidelines
9. Consultation Report(s) for Community, Agencies & First Nations
For the deliverables listed in section 5.0, the Consulting Team shall forward to
the City of Pickering the following:
• For each "Draft" Report: 25 draft copies (paper); one copy in digital format
using the Microsoft Office suite of applications (all mapping to be provided in
AutoCad.dwg or.dxf); one copy in PDF);
• For each "Revised Draft" Report: 25 copies (paper); one copy in digital
format using the Microsoft Office suite of applications (all mapping to be
provided in AutoCad.dwg or.dxf); one copy in PDF);
• For each "Final" Report: 100 copies (paper); one camera ready copy of the
final version; one copy of the final version in digital format using the Microsoft
suite of applications (all mapping to be provided in AutoCad.dwg or dxf
format).
18 June 2009 Page 12
Central Pickering Development Plan 53
Seaton Neighbourhood Planning Program
Recommended Terms of Reference
6.0 SCHEDULE AND WORK PROGRAM
The Consulting Team is to provide a detailed work program and schedule as part
of the response to this RFP. It is an objective to complete the study within 8 - 12
months.
7.0 STUDY MANAGEMENT
7.1 General
The City of Pickering will manage the study. A Management Committee
consisting of 3 members from City staff, being the Director, Office of
Sustainability; the Director, Planning & Development, and the Manager, Policy,
will be established to provide strategic direction -to the Consulting Team, and
liaise with the Seaton Advisory Committee. The Management Committee will
also be responsible for supervising the study work to ensure that it is carried out
in accordance with the Terms of Reference and to the satisfaction of the City of
Pickering.
The Consulting Team shall meet with the Management Committee on a regular
basis as well as at milestones during the study. The Management Committee
shall monitor study progress, liaise with the Consultant, the Province and the
Region of Durham, and exercise budgetary control and revisions to the Terms of
Reference. The Management Committee may identify additional issues for which
options may be necessary to generate discussion, when additional public input
may be required and whether both draft and revised draft reports are required in
all instances. The Management Committee shall also be responsible for the
circulation of study products, notices and approval of consultant liaison with the
public and other agencies. In addition, the Consulting Team shall be responsible
for recording, typing and distributing minutes of the Management Committee
meetings, subject to the approval of the Management Committee.
7.2 Technical Support Team
A Technical Support Team will be established to provide technical advice and
guidance to the Consulting Team. The Consulting Team shall meet with the
Technical Support Team as needed to address issues, obtain comments and at
milestones during the study. The Consulting Team shall be responsible for
recording, typing and distributing minutes of Technical Support Team meetings.
18 June 2009 Page 13
154
Central Pickering Development Plan
Seaton Neighbourhood Planning Program
Recommended Terms of Reference
7.3 Seaton Advisory Committee of Council
The Seaton Advisory Committee of Council receives updates from, and provides
advice and guidance for the consideration of, senior City staff and others as may
be invited, on the many related studies and activities respecting the development
of Seaton. It is anticipated that the Consulting Team would update the
Committee at milestones during the study.
APPENDICES
A Detailed Requirements for Neighbourhood Plans
B Selected List of Resources Available
j\oocuments\planning\Seaton Neid Plan\TeonsofRef\2009\1RecommendeoToRSeatonNPPIBJune09MainTe)d
18 June 2009 Page 14
Appendix A to the Recommended Terms of Reference for the Seaton 15 5
Neighbourhood Planning Program - Detailed Requirements to be Addressed in
Neighbourhood Plans (must be read in conjunction with section 3.1.6 of the.
Terms of Reference)
Housing and Mixed Use
1. The Neighbourhood Plans shall include:
(a) preparation of the transportation network 'including transit, arterial,
collector and local road, and a pedestrian and bicycle systems plan based
on the overall network developed through the Master Environmental
Servicing Plan (MESP), and considering the results of the Master Trail Plan
component of the Natural Heritage System Management Plan and Master
Trail Plan Study;
(b) consideration of previously completed archaeological and heritage
assessments;
(c) identification of drainage boundaries and stormwater management
system/facility locations, type, preliminary sizing and discharge quantity,
quality and sedimentation targets based on the findings of the MESP and
functional servicing plans;
(d) identification of detailed community facility requirements including but not
limited to municipal facilities, and such other facilities as elementary and
secondary schools and places of worship; and
(e) identification of environmental sustainability measures.
2. The Neighbourhood Plans shall reflect the following principles:
(a) creation of a compact neighbourhood structure with an appropriate mix of
land uses to serve local residents and visitors;
(b) integration of commercial, residential and employment uses, both horizontally
and vertically, to ensure that neighbourhood centres are popular and active
destinations, supported by transit and proximity to open space;
(c) provision of a range of sizes of lots and blocks to encourage a variety of
housing types and sizes, and to create flexibility and options for
intensification particularly within mixed use nodes and corridors;
(d) consideration of pedestrian requirements for safety and comfort in the
location of transit stops, day care centres and community facilities;
(e) provision of the highest development density at the neighbourhood
centres;
Appendix A to the Recommended Terms of Reference for the Page 2
Seaton Neighbourhood Planning Program (18 June 2009)
156
(f) provision of variations in the design of blocks and streets around natural
elements such as woodlots, creeks and topography, to enhance views and
achieve a distinctive neighbourhood character;
(g) permission for individual lots to integrate elements of the surrounding
natural and cultural heritage;
(h) making the garage a subordinate elements of the residential development;
(i) providing for laneways to support alternative garage locations, where
appropriate; and
(j) ensuring that surface parking areas are not dominant features of mixed
use development areas.
3. The Neighbourhood Plans shall identify and incorporate appropriate strategies to
realize the objectives of the Central Pickering Development Plan (CPDP) for
higher density, transit supportive development by:
(a) beginning with the first residential neighbourhood and employment lands
along the 407 corridor, facilitating the early introduction of transit services,
alterative transportation facilities, and retail and service uses to
accommodate residents' needs;
(b) setting achievable targets for the construction of higher density residential
uses along transit spines;
(c) providing for financial incentives for the creation of higher density and/or
affordable housing; and
(d) enabling development intensification over time.
4. The Neighbourhood Plans shall contain policies:
(a) enabling the provision of retail and service commercial uses in the
community to serve the needs of residents and businesses, such that
sufficient retail and commercial uses are planned to meet local needs, in
forms and locations consistent with the objectives and polices of this Plan
for urban design;
(b) identifying and establishing a hierarchy of retail and commercial uses for
the community that addresses, among other matters, city and region-wide
market demand and supply considerations, the Pickering Official Plan
policies with respect to the primacy of the Downtown Core, and taking into
consideration the results of the Seaton Retail Market Analysis.
Appendix A to the Recommended Terms of Reference for the Page 3
Seaton Neighbourhood Planning Program (18. June 2009) 157
Employment
5. With respect to Employment, the Neighbourhood Plans shall establish policies:
(a) reflecting the objectives and primary locations for employment from the
CPDP;
(b) requiring high performance standards for development and site design in
the employment areas;
(c) requiring employment areas to be readily accessible by alternative modes
of transportation, including vehicular, transit, bicycle and pedestrian;
(d) implementing the results of the Highway 407 (Seaton Lands) Economic
Development Study completed by Hemson Consulting Limited, et al
(April 2007); and
(e) requiring the commencement of the development of the employment
lands along the Highway 407 corridor prior to the commencement of the
residential neighbourhoods;
I
6. Schedules 6, 7, 8 and 9 to the CPDP serve as examples of the key principles
and policies to be addressed by the Neighbourhood Plans, and together with the
policies of the CPDP, provide a vision for achieving the goals and objectives of
the CPDP. The Neighbourhood Plans shall be prepared having regard for the
contents of those four schedules:
(a) Schedule 6: Neighbourhood Planning Guidelines - Gateway Neighbourhood;
(b) Schedule 7: Neighbourhood Planning Guidelines - Central Neighbourhood;
(c) Schedule 8: Neighbourhood Planning Guidelines - Employment Lands; and
(d) Schedule 9: Urban Design Guidelines.
General
7. The Neighbourhood Plans shall incorporate an appropriate policy framework,
which supports and incorporates into the development review process, the
results of the various other studies required by this Terms of Reference,
including:
(a) the Seaton Community Sustainable, Development Program, as required by
section 3.1.1 of the Terms of Reference;
Appendix A to the Recommended Terms of Reference for the Page 4
Seaton Neighbourhood Planning Program (18 June 2009)
(b) the Urban Design Guidelines, as required by section 3.1.2 of the Terms of
Reference;
(c) the Affordable Housing Strategy, as required by section 3.1.3 of the Terms
of Reference;
(d) the Retail Market Analysis, as required by section 3.1.4 of the Terms of
Reference; and
(e) the Community Services and Facilities Plan, as required by section 3.1.5
of the Terms of Reference.
8. Subject to the refinements that may be made through the various implementation
studies, including the Neighbourhood Planning Program, the Neighbourhood
Plans shall incorporate:
(a) the basic structural elements of the CPDP, as shown on the following four
Schedules to the CPDP:
(i) Schedule 2: Land Use;
(ii) Schedule 3: Natural Heritage System;
(iii) Schedule 4: Transportation Network; and
(iv) Schedule 5: Servicing System;
(b) the goals set out in Part 2 of the CPDP respecting the following:
(i) Natural Heritage;
(ii) Cultural Heritage;
(iii) Social, Institutional, Open Space and Recreational Facilities;
(iv) Transportation and Transit;
(v) Servicing;
(vi) Employment; and
(vii) Housing and Mixed Use.
Natural Heritage System
9. The Neighbourhood Plans shall establish the appropriate land use policies and
designations to reflect the Primary Natural Heritage System Designation,
considering the objectives and policies in the CPDP, the results of the Natural
Heritage System Management Plan and Master Trail Plan Study, and the results .
of the Neighbourhood Planning Program.
Cultural Heritage
10. The Neighbourhood Plans shall establish the appropriate design, land use and
development policies to reflect the Cultural Heritage objectives and policies of the
CPDP.
Appendix A to the Recommended Terms of Reference for the Page 5
Seaton Neighbourhood Planning Program (18 June 2009) 159
11. More specifically with respect to Cultural Heritage, in the preparation of
Neighbourhood Plans, recognize the importance of cultural heritage features by:
(a) where possible, creating a development pattern that reflects the historic
concession grid in order to integrate wood lots, hedgerows, tree lines, and
filed pattern into the new urban pattern and Natural Heritage System;
(b) protecting and maintaining cultural heritage landscape elements such as
treelines, hedgerows and the rolling topography, where feasible;
(c) ensuring new development and land uses near or adjacent to cultural heritage
landscape features respect cultural heritage patterns and their integrity;
(d) viewing the Natural Heritage System and open spaces associated with
social facilities as opportunities for cultural heritage resource integration
and protection;
(e) requiring the urban design guidelines prepared as a component of the
Neighbourhood Plans address conservation of significant cultural heritage
resources and landscape features, and the integration of significant views
associated with these features into the design of the new urban
community. In particular, these considerations shall be an integral
element of the design of public spaces. In the preparation of the urban
design guidelines, the assessment and recommendations contained in the
Fall 2005 Report entitled "Cultural Landscape Assessment Central
Pickering: Seaton Lands" prepared by Wendy Shearer Landscape
Architect Limited shall be considered; and
(f) integrating and conserving locally significant individual heritage buildings
or related features, where appropriate into neighbourhood designs.
12. Further with respect to Cultural Heritage, the design and preparation of the
Neighbourhood Plans for lands adjacent to and including parts of the Hamlet of
Whitevale Heritage Conservation District shall:
(a) demonstrate an appropriate transitional design and compatibility with the
area's existing character, including use of social, institutional, open space
and recreational and renewable energy systems to serve as a buffer and
referred to as Hamlet Heritage Open Space;
(b) direct north-south and east-west arterial road assignments away from the
built up area of the Hamlet of Whitevale;
(c) protect where feasible, built-heritage features and structures; and
Appendix A to the Recommended Terms of Reference for the Page 6
Seaton Neighbourhood Planning Program (18 June 2009)
I
6 (d) ensure that new development is generally consistent with the character of
existing buildings.
13. The relevant Neighbourhood Plans shall:
(a) address uses in the Hamlet Heritage Open Space adjacent to Green River;
(b) enable the expansion of the Brougham Pioneer Cemetery; and
(c) identify appropriate trail and pedestrian connections to the hamlets.
14. The Neighbourhood Plans shall incorporate an appropriate set of policies about
First Nations cultural and spiritual connection to the Area and strategies for
dealing with long-term protection of archaeological resources through the
development process, including, but not limited to, the following:
(a) requiring the development process to be undertaken in a respectful
manner;
(b) requiring as a condition of development approval, the retention of an
appropriate archaeological monitor, preferably of First Nations' ancestry
and funded by the proponent of the development; and
(c) requiring for licensed archaeologists to assess any land alteration and/or
grading in the Natural Heritage System considered to have archaeological
potential.
15. The consultant shall actively seek the input and advice of First Nations in
considering the most appropriate actions to take with respect to the protection,
commemoration, long-term management and/or mitigative excavation of
archaeological sites.
Social, Institutional, Open Space and Recreational Facilities
16. With respect to Social, Institutional, Open Space and Recreational Facilities, the
Neighbourhood Plans shall:
(a) reflect the objectives of the CPDP;
(b) identify and refine the locations for the social, institutional, open space and
recreational facilities, in light of the results of the Community Services and
Facilities Plan, the Highway 407 (Seaton Lands) Employment Land Study
with respect to a potential university/college site, and the MESP; and
(c) identify alternative means of providing for social, recreational or cultural
amenities that enhance the quality of the natural or build environment
Appendix A to the Recommended Terms of Reference for the Page 7
Seaton Neighbourhood Planning Program (18 June 2009)
161
and/or reflect the sustainability benchmarks developed through the
sustainable development program.
Transportation Network
17. The Neighbourhood Plans shall incorporate an appropriate policy framework to
implement the objectives of the CPDP, with respect to transportation, transit,
active transportation and the road network.
18. In particular with respect to Transportation, the Neighbourhood Plans shall
establish a policy framework:
(a) requiring road connections to be completed through conditions of draft
approval;
(b) establishing a robust local road network-to support arterial functions;
(c) defining a street structure based on a modified grid that provides a high
degree of permeability, access to key locations, and supports pedestrian
and bicycle movement;
(d) designing roads with reduced rights-of-way dimensions wherever possible
to promote intimate streetscapes and neighbourhoods with sense of place,
while respecting operational and safety requirements;
(e) incorporating where appropriate, narrow lanes, on-street parking and
central medians in the road design to encourage slow moving traffic
through residential areas and mixed use neighbourhood centres;
(f) supporting the requirement for interconnected roads through conditions of
plan of subdivision approval;
(g) designing streets as public spaces that link with the open space system;
(h) identifying conditions of subdivision approval may be imposed establishing
street trees and boulevard landscaping for various reasons including
shade, contribution to neighbourhood character, and reducing stormwater
runoff;
(i) address alternative transport ation facilities (including park and ride, car
pooling, bicycle storage areas, bus bays and accessible transit stop pads)
in order to encourage and maximize the use of public transit from the
earliest stage of development; and
Q) address commuter parking and transit stations.
Appendix A to the Recommended Terms of Reference for the Page 8
Seaton Neighbourhood Planning Program (18 June 2009)
162
19. Further with respect to transportation, to inform ongoing or future environmental
assessments, the Neighbourhood Plans shall:
(a) identify locations where road widenings should be undertaken in a manner
that protects, incorporates and/or commemorates key heritage
characteristics, such as treelines and hedgerows associated with traditional
road allowances, and identify the required development measures (special
grading and drainage, road widening off-set to one side) to protect these
features;
(b) in recognition of the unique heritage character of the Whitevale Road corridor
from the Hamlet of Whitevale to the proposed Whitevale Road By-pass:
(i) integrate new development along this corridor in a manner that is
compatible with the existing cultural heritage value or interest of the
landscape, properties and structures;
(ii) determine an appropriate road cross-section, traffic management
measures and accessibility that are compatible with the character
of this corridor;
(iii) evaluate and recommend appropriate measures such as lower
rights-of-way widths, a pedestrian oriented streetscape and
reduction of motorized vehicular traffic, as a way of conserving
heritage attributes, context and character of the corridor;
(iv) address Pickering Council's Resolution #04/06 (see attachment)
respecting the potential extension of the Whitevale Heritage
Conservation District easterly to Sideline 16 in light of previous
Whitevale Heritage District Background Study, landscape work
prepared under the Natural Heritage System Management Plan,
the Landscape Study by Wendy Shearer, and the ability to achieve
the population and development objectives of the CPDP; and
(v) identify locations where road cross-sections should feature
drainage ditches instead of curbs and gutters to extend or maintain
the visual character of rural roads in new neighbourhood.
20. With respect to transportation, the Neighbourhood Plans shall also:
(a) encourage minimum rights-of-ways widths on roads where feasible and
appropriate;
(b) establish design and landscape detail for road cross-sections to achieve
the creation of high quality public realm, with particular emphasis on the
ease of pedestrian movement along and across the road; and
(c) establish policies enabling areas around interchanges, the GO station,
and other major transit areas to support accommodate more intensive
development and higher densities.
Appendix A to the Recommended Terms of Reference for the Page 9
Seaton Neighbourhood Planning Program (18 June 2009)
163
21. Also with respect to transportation, the Neighbourhood Plans shall be
accompanied with an analysis of travel demand sensitivity to determine that the
transportation network, level of service and community design objectives of the
CPDP will be achieved.
Servicing
22. The Neighbourhood Plans shall incorporate policies on the phasing and timing of
development considering:
(a) the results of the Highway 407 (Seaton) Economic Development Study;
(b) the results of the MESP;
(c) the results of the Regional Class Environmental Assessment;
(d) the results of the Fiscal Impact Studies;
(e) creation of a transit supportive community; and
(f) the City and Regional objectives to enable the development of jobs in the
Prestige Employment Lands ahead of or concurrent with residential
development.
23. With respect to servicing, the Neighbourhood Plans shall establish policies as
follows:
(a) requiring the submission of functional servicing plans prior to draft
subdivision approval, and outlining the requirements of those plans based
on the CPDP,, the MESP and, where appropriate, the Regional Class
Environmental Assessment; and an understanding of the design of best
management practices identified in the MESP and Regional EA; and;
(b) integrating the results of the MESP and, where appropriate, the Regional
Class Environmental Assessment, with respect to stormwater
management, utilities, ground and surface water performance standards,
aquatic habitats, and energy management.
Implementation
24. To ensure the development of the community does not cause a financial burden
on either the City of Pickering or the Regional Municipality of Durham with
respect to facilities, services and infrastructure, the Neighbourhood Plans shall
Appendix A to the Recommended Terms of Reference for the Page 10
Seaton Neighbourhood Planning Program (18 June 2009)
164
include an appropriate policy framework for the implementation of financial
measures and financial agreements, including such matters as.
(a) front-ending agreements, cost-sharing agreements and development
charges;
(b) the results of the Fiscal Impact Studies being undertaken for the City of
Pickering and the Region of Durham; and
(c) enabling the imposition of appropriate conditions of development approval
requiring the cost, of development of community services and facilities to
be fairly shared by all benefiting parties, as conditions of development
approval.
JADocuments0anning\Seafon Neighbourhood Plan%Tem ofRef\2009U2ecammendedAppendhWtoSeatonTert ISJune09.docx
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165
CORPORATE SERVICES DEPARTMENT
CLERKS DIVISION notion as required
clerk to Action -copy of
DIRECTIVE MEMORANDUM Correspondence to Follow
Receive as Information
i
i
January 23, 2006 RECDI N E
. ,
To: Neil Carroll JAN 2 5 2006
Director, Planning & Development PAN Ise &►,;ti RJN
oFPap
From: Debi A. Bentley Tnn~NT
City Clerk
Subject: Direction as per Minutes of the Meeting of City Council
held on January 16, 2006
Designation of Heritage Conservation District
COUNCIL DECISION RESOLUTION #04/06
WHEREAS section 8.1 of the Pickering Official Plan states that Council shall respect
the City's cultural heritage, and shall conserve and integrate important cultural heritage
resources from all time periods into the community; and
WHEREAS section 8.4 of the Pickering Official Plan states that City Council, in
consultation with its heritage committee, shall implement the provisions of the
Ontario Heritage Act, including the designation under the Act of heritage conservation
districts where appropriate; and
WHEREAS policy 2.13(n) of Council adopted Amendment 13 to the Pickering Official
Plan, which implements the results of the City's Growth Management Study, states that
for the Central Pickering Area, Council shall recognize the heritage character of the
Whitevale Road Corridor and require the design of new development to be compatible
with the existing heritage, features and sites; and
WHEREAS policy 2.13(1) of Council adopted Amendment 13 to the Pickering Official
Plan identifies the need for a neighbourhood planning process for Central Pickering;
and
L
166
Directive Memorandum January 23.200§
WHEREAS the City of Pickering has designated by by-law the Hamlet of Whitevale and
its surroundings, including lands on either side of Whitevale Road to the east of
Sideline 26 as a heritage conservation district; and
WHEREAS Heritage Pickering, the City's heritage committee, has approached Council
requesting a potential extension of the heritage conservation district designation
through Seaton along Whitevale Road, from the east limit of the existing heritage -
conservation district to Sideline 16, extending one half a concession in width north and
south of Whitevale Road and including Whitevale Road itself (the "Study Area"); and
WHEREAS section 40 of the Ontario Heritage Act permits the Council of a municipality,
in consultation with its heritage committee, to undertake a study of an area of the
municipality for the purpose of designation of a heritage conservation district; and
WHEREAS section 40.1 of the Ontario Heritage Act permits a municipality undertaking
a study under section 40 of the Act to designate by by-law a defined area as a "heritage
conservation study area" for a period of up to one year.
NOW THEREFORE the Council of the Corporation of the City of Pickering hereby
directs staff, as input to the neighbourhood planning process for Seaton, to undertake a
heritage study of the Study Area in the context of an urbanizing area consistent with the
City's Growth Management Study / Amendment 13, and prepare an appropriate by-law
designating such area as a heritage conservation study area; and
THAT a copy of this resolution be forwarded to all landowners within the Study Area,
Heritage Pickering, the Minister of Culture, the Minister of Municipal Affairs and
Housing, Ontario Realty Corporation, the North Pickering Land Exchange Team, and
DEL Property Management.
Debi A. Bentley
/dw
Copy: Chief Administrative Officer
City Clerk
Appendix B to Recommended Terms of Reference for the Seaton Neighbourhood
Planning Program - Selected List of Resources Available 167
The Regional Municipality of Durham Official Plan, Consolidation June 5, 2008
Pickering Official Plan, Edition 5, June 2008
City of Pickering Sustainable Development Guidelines - Consultants' Final
Report, prepared by Dillon Consulting Limited et al, May 2007
Working Draft Sustainable Neighbourhood Scorecard, City of Pickering, May 2007
Sustainable Indicators - The Benchmarking Process, City of Pickering, June 2008
City of Pickering Growth Management Study: Phase 2: Preferred Growth
Management Concept and Structure Plan, Dillon Consulting Limited, Sorenson
Gravely Lowes Planning Associate Inc., Joseph Bogdan Associates Inc., Enid Slack
Consulting Inc., February 2004
Central Pickering Development Plan, Ministry of Municipal Affairs and Housing, May
2006
Summary of Background Studies: Cultural Heritage; Housing and Mixed, Use,
Natural Heritage System, Social, Institutional, Open Space and Recreational
Facilities; Transportation Network; Water and Wastewater Servicing System; for
Proposed Central Pickering Development Plan, Ministry of Municipal Affairs and
Housing, July 2005
Durham/TorontoNork Area Transportation Study, Transportation and
Infrastructure and Service - Quick Starts, TSH for Ministry of Transportation,
February 2007
Highway 407 (Seaton Lands) Economic Development Study, Final Report, Hemson
Consulting Ltd. et al, for Ontario Realty Corporation, April 2007
Highway 407 (Seaton Lands) Economic Development Study, Appendices, Hemson
Consulting Ltd. et al, for Ontario Realty Corporation, April 2007
Seaton Community: Master Environmental Servicing Study, Existing Conditions
Summary Report, prepared by Sernas et al, for the North Pickering Community
Management Inc., August 2008
Seaton Community: Master Environmental Servicing Study, Existing Conditions
Appendices, prepared by Sernas et al, for the North Pickering Community
Management Inc., August 2008
Natural Heritage System Management Study and Master Trail System, Final
Report, Schollen & Company Inc., et al, for MMAH, October 2008
Water Budget Assessment for the OPDA Development Planning Area (Seaton),
Clarifica, Water Resources and Environmental Consulting for MMAH, July 2005
A Watershed Plan For Duffins Creek and Carruthers Creek, A Report of the Duffins
Creek and Carruthers Creek Watershed Task Forces, Toronto & Region Conservation
for the Living City, August 2003
Appendix B to the Recommended Terms of Reference for the
Seaton Neighbourhood Planning Program (18 June 2009) Page 2 .
~ 8
Ontario Realty Corporation, Class Environmental Assessment, Environmental
Study Report, Acquisition of Oak Ridges Moraine Lands in Richmond Hill and the
Sale or Disposal and Severance of Lands in Pickering (Seaton), Marshall Macklin
Monaghan, January 2006
Cultural Landscape Assessment, Central Pickering: Seaton Lands, prepared by:
Wendy Shearer Landscape Architect Limited, date stamped February 28, 2006
Seaton Built Heritage Assessment, Prepared for the North Pickering Land Exchange
Team, Ministry of Municipal Affairs and Housing, Planning and Development Division,
Prepared by: Andre Scheinman, Heritage Preservation Consultant, November 2004
Seaton Cultural Heritage Resources Assessment, Summary Report, Volume I, by
Hough Stansbury Woodland Naylor Dance Limited-Prime Consultants, July 1994
Seaton Cultural Heritage Resources Assessment, Technical Appendix, by Hough
Stansbury Woodland Naylor Dance Limited-Prime Consultants, July 1994 Volume II
Seaton Cultural Heritage' Resources Assessment, Confidential Appendix, by Hough
Stansbury Woodland Naylor Dance Limited-Prime Consultants, July 1994 Volume III
The Hamlet of Whitevale Heritage Conservation District. Study, Background
Report, prepared by The Town of Pickering, August 1989
The Hamlet of Whitevale Heritage Conservation District Study, The District Plan,
prepared by The Town of Pickering, June 1990
Whitevale Heritage Conservation District Guide, prepared by The City of Pickering
Draft Plan Applications and supporting information for Metrus lands in Seaton,
December 2007 & December 2008
Draft Plan Applications and supporting information for Lebovic lands in Seaton,
January 2008, & April 2009
Seaton Landowner Group, Compiled Concept Plan, Sernas, January 2008
Seaton Retail Analysis, IBI for Seaton Landowners Group, September 2005
Durham/Toronto/York Area Transportation Study, Draft Final Report, TSH for
Ministry of Transportation, January 2009.
Draft Plan Applications and supporting information for Mattamy lands in Seaton,
March 2009
Draft Plan Applications and supporting information for White Sun lands in Seaton,
May 2009
Official Plan Amendment Applications, submitted for Lebovic lands in Seaton -
Neighbourhood Plans for Neighbourhoods 6, 10 and 11, April 2009
Official Plan Amendment Applications submitted for Metrus lands in Seaton -
Neighbourhood Plans for Neighbourhoods 3, 4, 5, and 9, April 2009
City of Pickering - Major Community Facility Needs and Locations for Seaton,
Letter, June 2009
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CENTRAL PICKERING DATE: JUNE. 19, 2009
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ATTACHMENT # TO REPORT # 20-05-09
170
Council Resolution # 210-08
Moved by Councillor McLean
Seconded by Councillor Dickerson
1. That Report PD 35-08 of the Director Planning Development regarding the Seaton
Neighbourhood Planning Program be received;
2. That the draft Terms of Reference for the Seaton Neighbourhood Planning Program
which requires appropriate opportunity for public engagement and consultation, be
endorsed as set out in Appendix I as amended as follows:
Section 18 (Consultant Selection) - First paragraph to read: The consulting team
shall include in their proposal a section on Conflict of Interest. This section shall
contain information respecting disclosure of possible conflict of interest including
any business, financial or other interest respecting the lands, owners/developers
of the Seaton lands or prospective owners/developers of the Seaton lands;
Appendix A Section 1 (d~- identification of detailed community facility
requirements including but not limited to municipal facilities and such other
facilities as elementary and secondary schools, and places of worship;
Appendix A Section 3 (a) - beginning with the first residential neighbourhood and
employment lands along the 407 corridor, facilitating the early introduction of
transit services, alternative transportation facilities, and retail and service uses to
accommodate residents needs; and
Appendix A Section 5 (e) - Requiring the commencement of the development of
the employment lands along the Highway 407 corridor prior to the
commencement of the residential neighbourhoods.
3. That the collaborative management approach to the Seaton Neighbourhood
Planning Program between the City of Pickering and the Seaton Landowner Group
(North Pickering Development Management Inc.) be endorsed;
4. That to formalize the collaborative management approach, the Mayor and the Clerk
be authorized to enter into a Management Committee agreement with the
Landowner Group that is consistent with the terms and conditions set out in Section
2.2 of this Report;
5. That the issuance of a Request for Proposals by the Seaton Landowner Group for
the Seaton Neighbourhood Planning Program be advertised appropriately,
authorized to the consulting firms listed below and any additional consulting firms
wishing to submit a Request for Proposal, following the execution of the
Management Committee agreement between the City and the Landowner Group:
• Bousfields Inc; 171
• Malone Given Parsons Ltd.
• Macaulay Shiomi Howson Ltd.
• planningAlliance
• Planning Partnership
• Sorensen Gravely Lowes Planning Associates Inc.
• Walker Nott Dragicevic Associates Limited
• Weston Consulting Group Inc.; and
• Young Wright/ISIGroup
6. That the following City staff be appointed to the Seaton Neighbourhood Planning
Program Management Committee: the Director, Office of Sustainability; the Director,
Planning & Development; and the Manager, Policy;
7. That Council make the final decision on any matters regarding the Seaton
Neighbourhood Planning Program, and that City staff formally report to Council
regularly for information, direction and endorsement as appropriate on the work of
the Seaton Neighbourhood Planning Program as it progresses; and
8. Further that a copy of this Report and Councils resolution be forwarded to the
Ministry of Municipal Affairs and Housing, the Ministry of Infrastructure and Energy,
the Ontario Realty Corporation, the Region of Durham, the Toronto and Region
Conservation Authority, the Trustee for the North Pickering Development
Management Inc. and the Sernas Group on behalf of the Landowner Group.
REPORT TO
COUNCIL
PICKERING Addendum to Report Number: CAO 05-09
172 Date: September 21, 2009
From: Thomas J. Quinn
Chief Administrative Officer
Subject: Seaton Neighbourhood Planning Program
- Revised Approach
- File: D-1100-001
Recommendation:
1. That the Addendum to Report CAO 05-09 of the Chief Administrative Officer,
regarding a revised approach to completing the required Seaton Neighbourhood
Planning Program (now "Review"), be received;
2. That, in response to the City's Request for Proposals RFP-7-2009 for consulting
services for the Seaton Neighbourhood Planning Review, the proposal submitted
by Sorenson Gravely Lowes Planning Associates Inc., in association with
The Planning Partnership, LEA Consulting Inc., SCS Consulting Group Ltd.,
N. Barry Lyons Consultants Limited, Robin Dee & Associates, and Bray Heritage,
dated September 8, 2009, in the amount of $655,592 be accepted, subject to
landowners executing a funding agreement;
3. That the Director, Corporate Services & Treasurer be authorized to:
(a) pay any expenses incurred in 2009 related to the Review from funding
received from the Seaton Landowners Group;
(b) include the remaining expenditures and funding related to the Review in the
2010 Current Budget of the Planning & Development Department with the
funding of the costs of the draft plan and zoning review component.being
provided from the application fees received for this purpose;
4. That the appropriate officials of the City of Pickering be authorized to give effect
thereto, including entering into any necessary agreements; and
5. That a copy of this Report and Council's resolution be forwarded to the Ministry
of Municipal Affairs and Housing, the Ministry of Energy and Infrastructure, the
Ontario Realty Corporation, the Region of Durham, the Trustee for the North
Pickering Development Management Inc., and the Sernas Group on behalf of the
Seaton Landowner Group.
Addendum to Report CAO 05-09 September 21, 2009
Subject: Seaton Neighbourhood Planning Program Page 2
173
Executive Summary: At the July 6, 2009 Joint Planning & Development and
Executive Committee, Report CAO 05-09 requesting direction to proceed with a City
funded Neighbourhood Planning Program (NPP) for Seaton, was referred to the
September 21,'2009 Council meeting.
The referral came following a delegation on behalf of the private Seaton landowners
requesting time to meet with staff to discuss an alternative approach to completing
work outlined in the draft Terms of Reference for the Seaton NPP (see Submission
from Michael McQuaid, Attachment #1).
Following discussions amongst senior City staff and landowners, a revised approach
was proposed, and a general consensus was reached by staff and the landowners. As
described in a Memorandum to Mayor Ryan and Members of Council from the Chief
Administrative Officer, dated August 6, 2009 (see Attachment #2), key aspects of the
alternate approach included:
• the City hiring and directing a consulting team to review all the work on Seaton that
either has been or will be completed by the Landowners Group, undertake any new
required work and analysis, and provide recommendations to the City with respect to
the following:
1. Official Plan policies and related matters for Seaton, including Official Plan
amendments, neighbourhood plans,,sustainable performance measures, and
development guidelines;
2. Required background studies, including a retail market review and affordable
housing strategy; and
3. Draft plans of subdivisions and zoning by-laws for Seaton.
• the Landowner Group, which includes the Province, funding the Review; and
• a Request for Proposals (RFP) being issued over the summer based on the revised
scope of work to expedite the start up time for the consultant, should Council select
a consultant (see RFP-7-09, Attachment #3).
The RFP was an open proposal call. A notice of the RFP was placed on the City's
website and in Novae Res Urbis (see Attachment #4). In addition, five qualified
consulting firms were forwarded a copy of the RFP based on the list contained in
Council's resolution from October 2008. Another five firms picked up copies of the RFP.
Two proposals were received: one from Malone Given Parson Limited, in association
.with others; and the other from Sorensen Gravely Lowes Planning Associates Inc., in
association with others.
A Selection Committee consisting of senior City staff reviewed the proposals against the
criteria outlined in the RFP. The Committee was impressed by the quality of the both
proposals.
The Selection Committee found that the proposal led by Sorensen Gravely Lowes
Planning Associates Inc. et al (SGL) best met the City's needs in completing the Review,
considering their team's strengths relative to the required work, and value for the money.
It is recommended that SGL be retained to undertake the Seaton Neighbourhood
Planning Review, subject to the landowners executing a funding agreement.
Addendum to Report CAO 05-09 September 21, 2009
Subject: Seaton Neighbourhood Planning Program Page 3
174
A draft funding agreement has been prepared and circulated for comment to the
landowners (see Attachment #5). At the time of writing this Report, staff had not
received comments from the Landowners Group on the draft agreement. As we are
advised that the Landowners Group is meeting on September 21, 2009, staff is
optimistic that the Group will be able to confirm their funding of the Seaton
Neighbourhood Planning Review at or prior to the September 21 Council meeting.
Financial Implications: The consultant will not be retained unless a funding
agreement is executed by the Landowners Group. Landowner funding will cover parts
one and two of the scope of work. Part three (approximately $95,000) will be covered
by subdivision and rezoning application fees already received by the City for
development applications in Seaton. Indirect costs will include staff time.
Recommendation #3, prepared by the Director, Corporate Services & Treasurer, is to
provide the authorities required to manage the funding and the payment of the
expenses related to this Review through to completion in 2010.
Sustainability Implications: Seaton is intended to be a national and potentially
international model of urban sustainability. As with the original Terms of Reference for
the comprehensive NPP, the revised scope of work requires the establishment of
performance measures and benchmarks to assess the ongoing sustainability of Seaton.
The proposal by SGL indicates the team will draw on a number of sources including the
City's draft Sustainable Development Guidelines and use the expertise of The Planning
Partnership to prepare the required performance measures and integrate them into the
operative sections of the Official Plan.
Background:
1.0 Seaton Neighbourhood Planninq Process
1.1 Report to Executive Committee CAO 05-09 was Referred to the Council Meeting
of September 21, 2009
On October 20, 2008, Council passed Resolution #210-08 authorizing a
collaborative approach to a comprehensive Seaton Neighbourhood Planning
Program (NPP), fully funded by the Landowner Group.
On July 6, 2009, Report CAO 05-09 concerning the Seaton NPP appeared on
the Agenda. The Report requested direction to proceed with a comprehensive
NPP for Seaton, and to request financial assistance from the Province of Ontario
to undertake the Program.
Addendum to Report CAO 05-09 September 21, 2009
Subject: Seaton Neighbourhood Planning Program Page 4
175
The Report explained that staff had been unable to obtain the agreement of the
Seaton Landowner Group to fully fund and work with the City in a collaborative
manner to undertake the comprehensive Program. Further, the Report noted
that several landowners had prepared and submitted Official Plan Amendments
and Neighbourhood Plans for their lands, and that other landowners were
considering submitting similar applications.
At the July 6, 2009 meeting, Michael McQuaid, on behalf of the Seaton
Landowners Group, appeared as a delegation. He requested a deferral of the
Report CAO 05-09 requesting time to meet with City staff to discuss an
alternative approach to completing work outlined in the draft Terms of Reference
for the Seaton NPP (see Submission from Michael McQuaid, Attachment #1).
Executive Committee referred Report CAO 05-09 to the September 21, 2009
Council meeting.
1.2 A Revised Scope of Work and Process were Identified
As a result of the discussions amongst senior City staff and landowners, a
revised scope of work was prepared to recognize the significant amount of work
already completed (or commenced) by the various landowners. Much of the
work was now characterized as "review" rather than starting from a clean slate
(as the City's original Terms of Reference had contemplated). Required
background studies were limited to those reports mentioned in the Central
Pickering Development Plan (eliminating the Community Services and Facilities
Plan component). In addition, a development review component was added to
advance the subdivision and zoning reviews.
Overall, three components of work were identified as follows:
1. Policy and related matters:
• prepare a draft amendment to Parts One and Two of the Pickering Official
Plan to integrate pertinent policies and provisions for the development of
Seaton as a whole, and a draft amendment to Part Three of the Pickering
Official Plan to integrate pertinent policies and provisions as Neighbourhood
Plans;
• prepare sustainable performance measures and benchmarks for the
development of Seaton;
• prepare a draft Regional Plan amendment to integrate pertinent policies and
provisions for the development of Seaton;
• address Pickering Council's Resolution regarding a potential expansion of the
Whitevale Heritage Conservation District;
• prepare draft Development Guidelines for the Neighbourhoods; and
• consult with stakeholders;
Addendum to Report CAO 05-09 September 21, 2009
Subject: Seaton Neighbourhood Planning Program Page 5
176
2. Background Studies:
• prepare an updated retail market analysis; and
• prepare an affordable housing strategy; and
3. Development Application Review:
• prepare recommendations on the submitted draft plan of subdivision and
zoning by-law amendment applications.
Also, as a result of the discussions amongst senior staff and the landowners, a
Request for Proposals (RFP) was issued over the summer. The RFP process
helped identify the cost of the Review for the Landowners Group, and consultants
interested and able to do the work for the City (see copy of RFP-7-09,
Attachment #3; the detailed Scope of Work commences on Page 8 of the
Attachment).
2.0 Seaton Neighbourhood Planning Review
2.1 The RFP Closed September 8, 2009
Five qualified consulting firms were forwarded a copy of the RFP based on the
list that Council endorsed in considering Report PD 35-08 last October (Malone
Given Parsons Ltd., Planning Alliance, Sorensen Gravely Lowes Planning
Associates Inc., The Planning Partnership and Weston Consulting Group Inc). In
addition, a notice of the availability of the RFP was place on the City's website
and in Novae Res Urbis (see copy of notice, Attachment #4). Weston Consulting
Group declined to bid. Five other firms picked up a copy of the RFP (MHBC
Regional and Urban Planning, Urban Strategies Inc., nD Insight Consulting,
iTrans Consulting Inc., and The MBTW Group).
Two proposals were received. One proposal was submitted by Malone Given
Parson Ltd., in association with the Rocky Mountain Institute, Perkins + Will,
Science Applications International Corporation, Cosburn Associates Ltd.,
Poulos & Chung Ltd., Cole Engineering Group Ltd., Beacon Environmental,
Wayne Morgan Heritage Planner, and Planning Solutions. The proposal cost is
$995,627 inclusive of professional fees and expenses, excluding GST.
The other proposal was submitted by Sorensen Gravely Lowes Planning
Associates Inc., in association with The Planning Partnership, LEA Consulting
Ltd., SCS Consulting Group, N. Barry Lyons Consulting Inc., Robin Dee &
Associates and, Bray Heritage. The SGL proposal cost inclusive of professional
fees, a contingency, expenses and GST is $655,592.
Addendum to Report CAO 05-09 September 21, 2009
Subject: Seaton Neighbourhood Planning Program Page 6 7 7
A copy of each proposal has been provided to Members of Council for their
reference under separate cover, (subject to the provisions of the Municipal
Freedom of Information & Protection of Privacy Act). A copy of each proposal
has been provided to Sernas on behalf of the Landowner Group (subject to the
provisions of the Municipal Freedom of Information & Protection of Privacy Act).
2.1 The Proposal by Sorensen Gravely Lowes (SGL) Ranked the Highest.
A Selection Committee consisting of the (Acting) Chief Administrative Officer, the
Director, Planning & Development, the Manager, Policy, Planning &
Development and the Manager, Supply & Services reviewed the proposals
against the following five criteria, as outlined in the RFP:
• overall completeness and quality of submission;
• qualifications of personnel, work program, quality of recommendation letters;
• professional fees;
• relevant company experience in undertaking projects of similar complexity,
scope, importance and value, and lessons learned to be applied to this
project; and
• insurance, health and safety, addenda, and conflict of interest documentation.
Although the Committee was impressed by the quality of both proposals
received, the proposal by SGL was ranked higher, particularly with respect to the
qualification of the personnel, work program, relevant company experience and
proposal cost.
SGL is the lead firm with significant experience in both public sector and private
consulting. Warren Sorenson, with over 40 years of land use and policy planning
would be Overall Project Manager. Paul Lowes, with over 20 years of
experience on large scale policy matters and large scale development proposals,
would be Lead for Official Plan and Neighbourhood Policies. SGL has a strong
background with the planning for Seaton including the vision and policies of the
Central Pickering Development Plan, and with the structure and content off the
Pickering Official Plan.
SGL has put together a team that includes strong skills in policy and
development review planning, urban design, sustainability, public consultation,
transportation, civil engineering, housing, retail market analysis, and cultural
heritage.
It is recommended that team led by Sorensen Gravely Lowes Planning
Associates Inc. be retained to undertake the Seaton Neighbourhood Planning
Review, subject to the landowners executing the funding agreement.
Addendum to Report CAO 05-09 September 21, 2009
Subject: Seaton Neighbourhood Planning Program . Page 7
178
3.0 The Funding Agreement
3.1 The Draft Funding Agreement is Currently with the Landowners Group for Review
A copy of the draft funding agreement is provided as Attachment #5. Key
aspects include the following:
• The Landowners Group and the City agree that the consultant selected by
Council shall be responsible for the preparation of the consulting work, as set
out in the RFP;
• The Landowners Group is responsible for the cost of the consulting work
excluding the development review component;
• The City would fund the development review component of the consulting
work from the subdivision and rezoning applications fees already received for
development applications in Seaton;
• The Landowners Group may appoint up to three people on the Technical
Group;
• If City Council materially alters the Terms of Reference or Study
Management, the Trustee for the landowners shall have the option of
terminating the agreement; and
The City shall not include any costs or expenses associated with this
consulting work in the calculation of any development charge by-law enacted
by the City for Seaton.
The City Solicitor and the Director, Corporate Services & Treasurer have been
involved in the drafting of this agreement.
At the time of the writing of this Report, comments had not been received from
the Landowners Group on the draft agreement.
Attachments:
1. Submission from Michael McQuaid, dated July 6, 2009
2. Memorandum from the Chief Administrative Officer, dated August 6, 2009
3. Request for Proposals RFP-7-09 Seaton Neighbourhood Planning Review
4. Notice of Availability of RFP-7-09
5. Draft Funding Agreement between Landowners Group and City of Pickering
Addendum to Report CAO 05-09 September 21, 2009
Subject: Seaton Neighbourhood Planning Program Page 8 179
Prepared By: Approved/Endorsed By:
Catherine Rose, MCIP, RPP Tho as . Quinn, RD C I
Manager, Policy Chief Administrative Office
Neil Carrot , PP
Director, Planning & Development
Tomas E. ely uk, MCIP, RPP
(Acting) Chief A ministrative Officer
CR:ld
Copy: Chief Administrative Officer
(Acting) Chief Administrative Officer
All Directors
City Solicitor
Recommended for the ideration
of Pickering City ou cil
V
o J. Quinn, R MR, c r~tW II
Chief Administrative Officer
d ATTACHMENT #_L_ TREPORT # CAO 05-~
Barrister & Solicitors WeirFould SLLP
180
July 6, 2009 Michael J. McQuaid, Q.C.
T: 416-947-5020
mcquaid@weirfoulds.com
DELIVERED File 00056.00037
Mayor and Members of Council RECEIVED
City-of Pickering
One The Esplanade JUL 0 6 2009
Pickering, ON L1 V 6K7
CITY OF PICKERING
Dear Mayor and Members of Council: DEPARTMENT
Re: July 6, 2009 - Council and Executive Committee meeting
I am appearing on behalf of a number of Seaton private landowners, including 1133373 Ontario
Inc. (Lebovic Enterprises Ltd.), Mattamy (Seaton) Limited, Oakridges Farm Co-tenancy, a group
including and represented by Metrus Developments Ltd., and White Sun Developments Limited,
to make submissions relating to Report - CAO 05-09, which deals with the Seaton
Neighbourhood Planning Program.
A summary of the points we would ask Council to consider and the relief or conclusion we would
ask Council to reach is as follows.
1. We believe the landowners 'and City share a common goal in seeing Seaton is
developed to the high standards set out in the Central Pickering Development Plan ("the
Plan"). The processing and approval of Seaton will provide a significant benefit to the
City and Region as one can see from the attached summaries of IBI.
2. For the past year or more one of the main issues all participants had to address was the
timing of the servicing and marketing of the ORC Employment Lands.
City and Regional representatives wanted assurances that the Employment Lands would
be serviced developed and marketed so that jobs would be available either before or in
conjunction with residential development.
3. Since November 2008 there have been extensive discussions and recent Symposium
meetings under the direction of Minister Smitherman of MPIR and senior ORC and
Ministry representatives. These meetings have led to a commitment from ORC to
advance sufficient funds to accelerate the servicing of the ORC Employment Lands. The
estimated cost of new Regional Services within Seaton is approximately $150 million
The Exchange Tower, Suite 1600 P.O. Box 480, 130 King Street West Toronto, Ontario, Canada M5X U5 T:416-365-1110 F:416-365-1876
www.weirfoulds.com
Addcrxlum +o
ATTACHMENT #TO REPORT # CAD_45-09WeirFouldsLLP
Barristers & Solicitors
181
which will have to be funded by the landowner group including the Ontario Realty
Corporation ("ORC"). Council members will understand why the landowners and their
banks or other financial lenders will want to see the Neighbourhood Plans ("NPs") and
plans of subdivision processed before their substantial financial front end contributions to
regional services are advanced to the Region.
4. Active discussions are underway with the Region to prepare the documentation for the
front-end regional servicing agreement and an accompanying Development Charge By-
law providing for credits during development. As well the landowners and ORChave
committed $6.7 million in funding for the required EA which will be commence shortly by
the Region.
5. In addition the ORC and our clients have retained consultants to prepare a Master
Environmental Servicing Plan ("MESP") covering issues of surface and sub-surface
water and , stormwater management, municipal servicing, transportation and transit
servicing, community facility types and location identification, energy sustainability and
development phasing for all of the 15 neighbourhoods and the ORC Employment Lands.
That work has been underway since 2007. The final cost of this study including
additional wetland monitoring will likely exceed $1.6 million. The MESP will be ready for
submission to the City and Region this Fall.
6. Council members should not be concerned that the approach the landowners are
following will result in an uncoordinated or piece meal result for the NPs. The areas of
land use have clearly been established by the Provincial land use plan.
The review by the City's staff and that of the consultant it retains for review will insure
that a comprehensive coordinated plan results. We should also mention that the MMAH
have a special role here. Policy 5.1.4 at p. 77 of the Plan requires review by the MMAH
for the Province to insure the NPs conform with the provincial policies of this Plan.
7. Historically we know that the Province, through MMAH-MNR. and ORC undertook
significant background studies during 2002-2006 to prepare the Plan pursuant to the
Ontario Planning and Development Act, ("OPDA"). These studies are found in a 49 page
summary prepared by ORC. All environmentally significant lands were identified and
retained for the significant Natural Heritage System ( approximately 55% of the area)and
significant planning work established the major land uses for the Development Planning
Area that would allow development for up to 70,000 persons and 35,000 jobs.
J
2
Qendurn
Barristers & Solicitors ATTACHMENT # 1 TO REPORT#j~k0~-09 WeirFouldSLLP
182
8. Section 1.3 of the Plan confirms that the Plan is a major provincial plan. At page 18 it
states:
"The Plan is a complementary element of the Province's Greenbelt Plan (Order-in-
Council 208/2005) and the Proposed Growth Plan for the Great Golden Horseshoe. The
proposed land-use plan is shown .opposite."
The coloured Land Use Plan found at page 19 is attached.
9. The Plan was approved by Cabinet by Order-in-Council 985/2006 on May 3, 2006.
Section 3.2, Stage Two at p. 25 indicated:
"Detailed Neighbourhood Plans shall be prepared by the City of Pickering, acting
reasonably and in a timely fashion, and in no event commencing such work later than
one year following the approval of this Plan, and concurrent with or prior to the
processing of plans of subdivision."
We are obviously way past the anticipated date of May 3, 2007 for the start of the NP
process..
I
10. In April 2009 two of the landowners, Lebovic Enterprises and the Metrus Development
group filed applications for NPs. The other two major landowners, Mattamy and White
- Sun, are currently working on similar applications which will be filed shortly. ORC is
undertaking to lead the development of a Seaton Implementation Plan which will form
the basis to move forward with the NP process of the provincially owned lands.
11. It was made clear in a letter to City staff that by filing these applications that the
landowners expected there would be continued discussion and dialogue with the staff
and Members of Council respecting the content of the NPs and in fact an offer was
made and is still open to suggest the City retain a planning consultant at the landowners'
expense to review the applications for the NPs and the draft plan of subdivision and
Zoning By-law.
12. We want to make it clear that the landowners are completely open to dialogue
respecting the content of the NPs and draft plans within the context of the Plan.
13. Unfortunately we have a different view of the process to be followed for the NPs. We do
not believe the City needs to undertake an $800,000 study over the next 8 to 12 months
3
ATTACHMENT#_L_TO REPORT 44-0 0-5-09 183
Barristers & Solicitors
183
to allow it to process the NPs. Such a long and complex process is not contemplated in
the Plan.
14. All landowners have already filed application fees in significant amounts for review of the
subdivision plans and NPs submitted to date. Additional fees are forthcoming when the
other neighbourhood plans are submitted. We estimate the filing fees will amount to a
sum over $3 million which the landowners think will be sufficient to review and process
all NPs and the applications for plans of subdivision.
15. We should not be debating process or procedure but should be concentrating on
- addressing the content of the NPs and plans. Some of the content of the Terms of
Reference can be used as input in a review under the framework set out in the Planning
Act. Also the landowners' planners will be submitting reports on how the applications for
NPs and plans of subdivision each address the Sustainable Development Guidelines
Consultants' Final Report dated May 2007 [the "SDG"]. There is substantial work already
completed which will constitute important input to the process.
16. The substantial planning environmental and economic study work to date related to
provision of regional services has been submitted to the Region and the EA studies and
the engineering and economic reviews needed for a front-ending agreement and DC by-
law processing and enactment are proceeding at the Region on a parallel critical path
schedule. We believe that the City could process the NPs and plans of subdivision on a
similar basis over the next 6 months using the substantial amount of planning and
environmental work to date as well as additional work generated during the review
process by the combination of landowners and City staff and its consultant. Proceeding
on such a basis would allow work on Regional services to begin in 2010 and accelerate
realization of the substantial job and tax benefits that Seaton will bring to the City and
Region.
17. We believe we share the same goal with staff and Council, that of seeing the Plan built
to the high level standards that are called for in the Plan thereby securing over time the
significant jobs, taxes, and development charges set out in the IBI study referred to
above. We submit this is a good time for a "reset".
Motion Requested
18. We ask that the staff report b deferred until the first meeting in September to allow
discussion to occur on theteps that will allow the applications for NPs and plan of
4
AdJendum ~O
Barristers & Solicitors ATTACHMENT #-J-TO REPORT _0 0-m WeIrFoUld S LLP
184
subdivision to be processed in a cooperative way having regard for the Plan, the
Planning Act and the historical documents created to date such as the Terms of
Reference, the SDG, etc.
Yours truly,
WeirFoulds LLP
Michael J. McQuaid, Q.C.
MJM/ves
Enclosures
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Addendum ~
ATTACHMENT #-I-TO REPORT # CAS O'09
187
Exhibit 1.4
Seaton Development, Region of Durham
Summary Page
Annual Property Taxes at Mature State ('$000)
(Based on 2007 Assessment and 2007 Tax rates)
Durham City of
Region Pickering Education Total'
Residential. $45,605 $22,430 $16,499 $84,533
Non-Residential $18,925 $10,356 $22,195 $51,476
Total $64,529 $32,786 $38,694 $136,009
Development Charges ('$000)
(Based on the current Region Wide Charges)
Durham City of
('$000) Region Pickering EDC Total
Residential $359,940 $193,720 S28,222- $581,883
Non-Residential $85,619 $45,427 $0 $131,046
Total $445,559 $239,148 $28,222 $712,929
IBI
Tax_DC_Analysis_2008-11-20 \ Summary GROUP 11/20/2008
it
~~duM~o~ ~q
Ccty o~ ATTACHMENT# TO REPORT -0
DICKERING MEMO
To: Mayor Ryan and August 6, 2009
Members of Council
From: Thomas J. Quinn
Chief Administrative Officer
Copy:. (Acting) Chief Administrative Officer
Director, Planning & Development
.Manager, Development Review
Subject: Seaton Neighbourhood Planning Process
File: 2:1100-001
On July 6, 2009, Executive Committee considered a staff report recommending a City-initiated
neighbourhood planning program for Seaton. At that meeting, Michael McQuaid, on behalf of the
Seaton Landowners Group, requested that the staff report be deferred to allow discussion to take
place between the Landowners Group and staff on an alternative approach to completing the
neighbourhood planning program. At the meeting, Executive Committee deferred the staff report
to the September 21, 2009 Council meeting.
Following deferral of the item, staff reviewed Mr. McQuaid's submission and prepared an
alternative approach to undertaking the Seaton neighbourhood planning program for discussion
with the Landowners Group. On July 28, a meeting was held with the Landowners Group to
discuss this alternative approach to see if consensus could be reached on proceeding with the
project.
.The alternative approach proposed by staff involves the hiring by the City of a consulting team to
review all work on- Seaton that either has been or will be completed by the Landowners Group,
undertake any required new work and analysis, and provide recommendations to the City with
respect to the following:
• Official Plan policies and related matters for Seaton, including Official Plan
..amendments, neighbourhood plans, sustainable performance measures, and
development guidelines
• required background studies, including a retail market review and an affordable
housing strategy
• draft plans of subdivisions and zoning by-laws for Seaton
As drafted, the suggested alternative approach would be a City led initiative with all funding
provided by the Landowners Group (which includes the Province). A community consultation
program would also be included. It should also be noted that. the alternative approach would
continue to recognize and reflect the vision for Seaton as a sustainable, mixed use, transit-
supportive community of up to 70,000 people and 35,000 jobs.
,Qbder,dum -b
ATTACHMENT #-.2-TO REPORT # C+4005`0q
189
We expect to receive a formal response from the Seaton Landowners Group early next week.
Should the Landowners Group be prepared to proceed at this time with the alternative approach,
staff would then issue a Request for Proposal (RFP) to qualified consulting firms to-see what firms
are interested in undertaking the work, and at what cost. The information that we gather through
the RFP process would be presented to Council for consideration at the September 21 meeting.
Council would then have the option. at the meeting of directing staff to immediately engage a
consulting team (selected by Council) to proceed with the alternative approach to undertaking the
Seaton neighbourhood planning program through a cooperative process funded by the
Landowners Group.
An excerpt from the draft RFP that staff provided to the Landowners Group is attached for your
information. The excerpt provides information on the suggested work to be undertaken by the
consulting team through this alternative approach. Should you have any questions, please do not
hesitate contacting me or Tom Melymuk.
1
TJQ:Ijg .
ME09080801.do"
Attachment
August 6, 2009 Page 2
Seaton Neighbourhood Planning Process
ATTACHMENT # 3 TO REPORT D #44O45-b9
190
Citq d
,kI
PI
RE-QUEST FOR PROPOSAL RFP-7-2009
Consulting Services for
Seaton Neighbourhood Planning Review
Closing: Tuesday, September 8, 2009, before. 2:00PM
(local time) -
ATTACHMENT # 33 TO RE RT #CAb 05-09
No. RFP-7-2009
Consulting Services for Seaton Neighbourhood Planning Review
INFORMATION TO BIDDERS
DELIVERY, CLOSING DATE, TIME AND LOCATION
1. One original and 4.(four) copies of the bidders submission shall be provided by the
closing date and time, and each shall be no more than ten letter size pages printed
"double-sided".
2. Each submission shall be printed double-side, corner "stapled" or "clipped". No other
form of binding (cerlox, heated plastic spine,.vinyle, 3 ring binders or similar) to be
used.
3. All submissions will be prepared at no cost to the City and will become the property of
the City.
4. Submissions shall be sealed, clearly marked as to content - RFP-7-2009, Consulting
Services for Seaton Neighbourhood Planning Review and shall be delivered only
to Supply & Services, 2nd Floor, Pickering Civic Complex, One The Esplanade,
Pickering, Ontario L1V 6K7, before 2:00 p.m. local time
Tuesday, September 8, 2009
5. The bidder is responsible for delivering the proposal before the closing date and time
and assumes the risk of and all means of delivery be it by hand or courier.
6. Submissions must be time stamped at the above location. Submissions, which are
time stamped after 2:00 pm local time, will be returned unopened, without exception.
The time stamp applied by the time clock located in Supply & Services will be the only
recognized time piece used in this process.
7. Submissions received at any other location or after the aforementioned date and time
will be rejected.
8. Facsimile or electronic (email) transmissions will not be considered - and will be
rejected.
y
9. Where an envelope does not bear the Consultant or company name and/or address
and it is received late by the City, the City is required to open the envelope or carton
only for the purpose of returning the submission.
10. Proposals submitted shall be considered final and may not be altered by subsequent
offerings, discussions or commitments unless authorized by the City.
11. Submissions will be opened by a member of Supply & Services as soon as practicable
following the closing date and time, which is not a public opening. Only the company
names of submissions received by the closing date and time will be made available to
enquiries. This is only a list of company names responding to the proposal and is not
deemed to indicate compliance with submission requirements.
Page 2
Addenaurn ~o
ATTACHMENT # TO REPORT #9 o 05-69
192. No. RFP-7-2009
Consulting Services for Seaton Neighbourhood Planning Review
12. Proposals shall be irrevocable and valid for acceptance by the City of Pickering for a
period of ninety (90) days from the proposal closing date.
13. If the Company is not a limited company, pursuant to the relevant Provincial or
Federal legislation, include status of company within the proposal and if available
include a copy of the most recent business or partnership registration form filed with
the Ministry of Consumer and Commercial Relations.,
14. The City, its elected officials, employees and agents will not be responsible for any
liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any
person or business prior or subsequent to, or by reason of the acceptance, or non-
acceptance by the City of any submission, or by reason of any delay in the acceptance
of any submission.
15. In the receipt of proposals, no obligation is incurred by the City to accept the lowest,
highest or any proposal.
16. Should a dispute arise from the terms and conditions outlined herein, regarding
meaning, intent or ambiguity, the decision of the City shall be final.
ESSENTIAL,SUBMISSION REQUIREMENTS
17. The submission of a proposal will be considered presumptive evidence that the bidder
has carefully examined the City's requirements, investigated and is fully informed of all
conditions which may be encountered and may affect the delivery of the services,
quality and volume of work to be performed outlined within the Terms of Reference.
18. Proposal is to include the following essential documentation and be organized and
presented in the order outlined below, in an indexed format. Proposals which do not
include essential documentation, are incomplete or assembled not in accordance with
instructions will adversely affect its evaluation by way of scoring reductions and could
include not considering the proposal at all.
19. Qualifications of Personnel
Resume(s) for each of the personnel assigned to the project and a description of roles
of each of the personnel in carrying out the scope of services required.
Detailed resumes are excluded from page count referred to in Clause 1.
20. Work Program and Schedule
Work program and schedule including details of the study process, personnel
assigned to each task, milestones, projected dates for Draft and Final deliverables,
and timing for meetings with the Management Committee, Technical Group and other
public/agency/land owner consultation meetings.
Page 3
L
~aenaum~
ATTACHMENT # ~LTO REPORT#CAoo5-oq
No. RFP-7-2009
Consulting Services for Seaton Neighbourhood Planning Review
193
21. Letters of Recommendation:
Provide three letters of recommendation from municipal / government clients which
include a description of the work performed and the outcomes.
Letters of recommendation are excluded from page count referred to in Clause 1.
22. Professional Fees:
Per diem and hourly fees shall be stated for each person.
Time for each personnel assigned, by individual task, within each stream of work (i)
policy and related matters (ii) background studies and (iii) development application
review, with fees totalled per task and stream of work.
Rates and details of travel (mileage, accommodation) shall be stated as applicable.
Rates and details of disbursements shall be stated, as applicable.
23. Company Experience
A description of company experience in undertaking projects having similar
complexity, scope and importance, of similar value, and lessons learned from similar
completed projects that will be applied to this one.
24. Insurance, Health & Safety, Addenda, Conflict of Interest
(a) Proof of insurance or letter from Insurance Agent/Broker confirming the bidder can
be insured for Commercial General Liability Insurance Coverage, Automobile
Liability Insurance Coverage, Property Damage and Professional Liability, each of
not less than Two Million Dollars ($2,000,000).
(b)A copy of the current Clearance Certificate issued by Workplace Safety &
Insurance Board.
(c) Acknowledge City's Health & Safety Regulations form (attached).
(d) Statement to acknowledge Addenda received. If no Addenda has been issued by
the City and therefore, not received, a statement to that effect shall be included.
(e) Statement to confirm that there is no actual or potential conflicts of interest that
would preclude involvement on this project, and that we will be notified in the event
a specific task creates an actual or potential conflict of interest that may preclude
involvement in a particular component of the project.
(a) to (e) excluded from the page count referred to in Clause 1.
Paae 4
Addendum ~
ATTACHMENT # 3 TO REPORT # A -65-09
No. RFP-7-2009
194 Consulting Services for Seaton Neighbourhood Planning Review
EVALUATION OF SUBMISSIONS
25. Submissions will be evaluated according'to the following criteria:
Relative Value/100
a. Overall completeness. and quality of submission 10
b. Qualifications of personnel, work program 30
and schedule, quality of recommendation letters
c. Professional Fees 15
d. Relevant company experience in undertaking 35
projects of similar complexity, scope, importance
and value and lessons learned to be applied to this
project.
e. Insurance, health & safety, addenda, conflict of 10
interest documentation
26. Submissions will be reviewed by an Evaluation Committee consisting of the Director,
Office of Sustainability, Director, Planning & Development, Manager, Policy, Planning
& Development and the Manager, Supply & Services, and evaluated according to the
criteria described above. The Evaluation Committee will rank the submissions lowest
to highest score to-tabulate an average score per submission and develop a short-list
of up to 2 highest scoring proposals for consideration. An interview may be requested
of the 2 consultants by the evaluation committee to tabulate a combined average
score (proposal and interview) to recommend the highest scoring consultant for
consideration..
The Evaluation Committee may recommend the highest scoring submission for
consideration without undertaking the interview process.
The score or ranking by the committee for any or all proposals/interview will not be
disclosed on enquiry.
27. Unsatisfactory references known to a member of the evaluation committee or
unsatisfactory previous work experience will result in the Consultant's proposal not
being considered.
28. The City reserves the right to:
• accept a proposal in whole or in part
• expand the number of Consultants for consideration, as recommended
by the evaluation committee;
• not consider, not accept or reject any or all submissions;
• waive omissions, notwithstanding essential items; or
• cancel or amend this call
if in so doing the best interests of the City will be served and no liability shall accrue to
he
t City from such undertakings and all decisions derived therefrom.
Page 5
,ATTACHMENT # TO REPORT#
No. RFP-7-2009
Consulting Services for Seaton Neighbourhood Planning Review
29. Professional fees must include all operating, overhead, and incidental costs and the
Consultant must be satisfied as to the total requirements of this request for proposal.
Pricing is subject to Goods and Services Tax. Provincial Sales Tax is not applicable.
30. All invoices will precisely indicate the tasks for which work has been completed as well
as the remaining percentage of a task or tasks to be done.
31. Any representation or solicitation to the City, its elected officials, employees or agents
with respect to the proponent's submission will disqualify the submission. The City, its
elected officials, .employees and agents will not be responsible for any liabilities, costs,
expenses, loss or damage incurred, sustained or suffered by any proponent, prior or
subsequent to, or by reason of the acceptance, or non-acceptance by the City of any
submission, or by reason of any delay in the acceptance of any submission.
32. Disclosure of information submitted is subject to the Municipal Freedom of Information
and Protection of Privacy Act. To prevent the release of information the proponent
must state the information is submitted in confidence and indicate the nature of the
confidential information and what harm would result from the release.
ENQUIRIES
33. Enquiries can be made as follows:
Related to Scope of Work Related to Procurement Process
City of Pickering City of Pickering
Catherine Rose, MCIP, RPP Vera A. Felgemacher, C.P.P., CPPO, CPPB,
Manager, Policy C.P.M., CMM III
Planning & Development Manager,
One The Esplanade Supply & Services
Pickering, ON L1V 61<7 One The Esplanade
Tel.. 905.420.4660 Ext 2038 Pickering, ON L1V 6K7
Fax 905.420.7648 Tel. 905.420.4660 Ext 2152
Fax 905.420.5313
34. Information respecting the Seaton Community can be found on.the City's website at
cityofpickering.com. Some of the Selected Resources Available (see Appendix A) are
available on the web site. A paper copy of the Selected Resources are available for
viewing, by appointment, at the Planning Development Department.
Page 6
Addendu,n ~
.
ATTACHMENT #__3 TO REPORT # CAb Q6-09
No. RFP-7-2009
_ 196 Consulting Services for Seaton Neighbourhood Planning Review
TERMS OF REFERENCE
VISION FOR SEATON
35. In May 2006, the Central Pickering Development Plan (CPDP), which was prepared
under the provisions of the Ontario Planning and Development Act, 9994, was
approved. The CPDP sets out a clear vision for Seaton as a sustainable, mixed-use,
transit-supportive and pedestrian-friendly urban community, integrated with an
extensive natural heritage system. The CPDP identifies a number of plans, studies
and reviews that must be completed to implement the Plan. Since CPDP's approval,
many of the required studies have been completed or are underway (see Appendix A
- Selected Resources Available). This request for consulting services is to address
some of the remaining requirements, and commence review of development
applications.
SCOPE OF SERVICES
General
36. Using the principles and vision of the CPDP, and reviewing all available work
completed to date or in progress, and undertaking original research to address gaps
where. necessary, and taking into consideration the results of a consultation program,
the Consultant shall undertake three streams of work as follows:
(i) Policy and relat ed matters:.
Prepare a draft amendment to Parts One and Two of the Pickering Official Plan to
integrate pertinent policies and provisions for the development of Seaton as a
whole, and a draft amendment to Part Three of the Pickering Official Plan to
integrate pertinent policies and provisions as Neighbourhood Plans,
• Prepare sustainable performance measures and benchmarks for the development
of Seaton;
• Prepare a draft Regional Plan amendment to integrate pertinent policies and
provisions for the development of Seaton;
• Prepare draft Development Guidelines for the Neighbourhoods.; and
• Consult with stakeholders;
y
(ii) Background Studies: .
• Prepare an updated retail market analysis; and
• Prepare an affordable housing strategy; and
(iii) Development Application Review:
• Prepare recommendations on the submitted draft plan of subdivision and zoning
by-law amendment applications.
Page 7
gdd~nau~r, ~o
ATTACHMENT # 3 TO REPORT # C* 65-09
No. RFP-7-2009
Consulting Services for Seaton Neighbourhood Planning Review
197
Details
37. More specifically, the"Consultant's work shall include but may not necessarily be
limited to the following:
Policy, Neighbourhood Plans and Development Guidelines
• Review available information, identify and address critical gaps in the,Neighbourhood
Plans prepared by the landowners relative to the objectives of the-Central Pickering
Development Plan; (to date, two of the major private landowners have submitted
seven neighbourhood plans for their holdings and the other two major private
landowners are currently preparing neighbourhood plans for their holdings; the
Province of Ontario intends to prepare Neighbourhood Plans for its lands in Seaton
through the Seaton Implementation Plan);
• Review completed and ongoing governmental and non-governmental, studies (i.e.:
Highway 407 (Seaton) Economic Development Study, Natural Heritage System
Management Plan and Master Trail Study, Master Environmental Servicing Plan
(MESP), Region of Durham's Class Environmental Assessment (EA) and Seaton
Implementation Plan); determine policy options by which the results of the studies can
be implemented; identify matters that require inclusion in the City's amendment and
development guidelines; and prepare implementing draft official plan policy or
guidelines;
• Building on the City of Pickering Draft Sustainable Development Guidelines, the
sustainability guidelines from the Highway 407 (Seaton) Economic Development
Study, the Seaton Master Environmental Servicing Plan (MESP) and the Seaton
Implementation Plan, identify short, medium and long term actions that address the
integration of the community sustainability principles in. the Neighbourhood Plans
including benchmarks for: energy conservation; building and community design; transit
usage; cultural heritage conservation; accessibility for the disabled; air quality; human
health. promotion; and environmental net gain; and prepare implementing draft official
plan policy;
• Considering the urban design guidelines in the CPDP, and the urban design sections
of the landowners' Neighbourhood Plans, and other design work from completed or in-
progress studies, prepare draft Development Guidelines for the neighbourhoods
including text, graphics, drawing and maps as required to address urban form,
architectural control, landscaping, pub.lic realm, streetscapes, focal points, significant
views and vistas, development within Mixed Use Areas and development adjacent to
arterial and collector roads; and prepare related draft official plan policy to support
where necessary;
• Address Pickering Council's resolution regarding a potential expansion of the
Whitevale Heritage Conservation District (see Appendix B);
• Provide consulting services to prepare:
Paae 8
3 ,~ldendum~ _ _
ATTACHMENT# TO REPORT# CA6 05-04
No. RFP-7-2009
198 Consulting Services for Seaton Neighbourhood Planning Review
(i) a draft general conformity amendment to the Pickering Official Plan (Parts One and
Two), including policies and schedules that apply across all of Seaton;
(ii) a related draft Durham Regional Official Plan amendment, including policies and
schedules for Seaton; and
(iii) draft Neighbourhood Plans and related amendments to the Pickering Official Plan
(Part Three), including policies and maps, addressing unique neighbourhood-wide or
site-specific matters that require additional policy guidance; Neighbourhood Plans
shall be prepared for the entire geography.of Seaton (all developable lands:
residential, mixed use areas and employment lands; as well as the Natural Heritage
System lands).
• Prepare and implement a consultation program to engage a broad range of
stakeholders including: the public; area residents; regional and municipal
departments, agencies, utilities, organizations and developers/landowners who are
instrumental in 'building' Seaton; and other interested stakeholders;
• Provide input, as appropriate, to ensure that information and recommendations from the
Seaton Neighbourhood Planning Review are effectively communicated to a Consultant
in the process of being retained by Sernas Associates to undertake a combined First
Nations Consultation Program for the Seaton Master Environmental Servicing Plan
(MESP), the Seaton Regional Class EA, and this Review (Sernas is undertaking the
Seaton MESP);
Background Studies
• Reviewing the Seaton Landowner Group's retail market analysis from September
2005, and updating the information as necessary, assess and rationalize the amount
of retail floor space to serve the population in Seaton, determining the amount,
location, hierarchy and distribution of retail uses in keeping with the vision of Seaton,
and prepare implementing draft official plan policy. If a concentration of commercial
floor space is identified exceeding 56,000 m or larger on an individual or cumulative
basis, the analysis is required to address the effect on the planned function and
viability of Downtown Pickering or other local Centres;
• Prepare a housing strategy detailing the means to achieve a 25% target of new
residential units in housing forms considered affordable to low and moderate income
households, identify the appropriate housing forms, and prepare implementing draft
official plan policy;
Development Review
• Considering the work completed through this consulting assignment, review and make
recommendations to the City on the submitted draft plans of subdivision and zoning
by-law amendment applications; (the four major private landowners have submitted a
total of 20 draft plans of subdivision and zoning by-law amendment applications
covering most if not all their land holdings);
Page 9
ATTACHMENT# 3 Addendum~o
TO REPORT # Coo 05-09
No. RFP-7-2009
Consulting Services for Seaton Neighbourhood Planning Review
38. The Consultant shall assist staff at meetings of Council or Committees of Council to
present or discuss the comprehensive review and official plan conformity
amendments.
39. In addition, the Consultant shall be responsible for recording, typing and distributing
minutes of the Management Committee meetings, and the Technical Group meetings,
subject to the approval of the Management Committee.
40. The term of this consulting assignment is for eight to ten months from
the date of confirmation of a purchase order.
41. An award is subject to Council approval and confirmation of funding.
DELIVERABLES
42. For the reports- listed below, it is anticipated that a "Draft" and a "Final Report will be
required.
1. A Policy Report containing:
• Draft general amendment to the Pickering Official Plan, including policies and
schedules that apply across all,of Seaton;
• Draft Neighbourhood Plans (including sustainability measures and
benchmarks) and related amendments to the Pickering Official Plan;
• Draft Durham Regional Official Plan amendment, including policies and
schedules for Seaton;
• Draft Development Guidelines for the neighbourhoods; and
• Summary of Consultation;
2. A Background Studies Report containing:
• Affordable Housing Strategy; and
• Retail Market Analysis; and
3. A Development Application Review Report containing:
• the recommendations on the draft plans of subdivision and zoning by-law
amendment applications.
For the deliverables listed, the Consultant shall forward the following to the City of
Pickering -
• For each "Draft" Report:' 25 draft copies (paper); one copy in digital format
using the Microsoft Office suite of applications (all mapping to be provided in
AutoCad.dwg or.dxf); one copy in PDF); and
• For each "Final" Report: 100 copies (paper); one camera ready copy of the final
version; one copy of the final version in digital format using the Microsoft suite of
applications (all mapping to be provided in AutoCad.dwg or.dxf format).
43. All documents shall become the property of the City of Pickering and the City shall be
the sole copyright holder of these documents.
Paae 10
i
AAA"m 40
.4TTACHMENT#-23-TO 010-05-09
No. RFP-7-2009
200 Consulting Services for Seaton. Neighbourhood Planning Review
STUDY MANAGEMENT
44. The City of Pickering will manage the study. A Management Committee consisting of
three members from City staff, being the Director, Office of Sustainability; the Director,
Planning & Development, and the Manager, Policy, will be established to provide
strategic direction to the Consultant, and liaise with the Seaton Advisory Committee.
The Committee will also be responsible for supervising the study work to ensure that it
is carried out in accordance with the Terms of Reference and to the satisfaction of the
City of Pickering.
45. The Consultant shall meet with the Management Committee on a regular basis as well
as at milestones during the study. The Committee shall monitor study progress, liaise
with the Consultant, the Province and the Region of Durham, and exercise budgetary, control and revisions to the Terms of Reference. The Committee may identify
additional issues for which options may be necessary to generate discussion, when
additional public input may be required and whether both draft and revised draft
reports are required in all instances. The Committee shall also be responsible for the
circulation of study products, notices and approval of Consultant liaison with the public
and other agencies.
46. Day to day reporting and communications will be with the Manager, Policy, Planning &
Development.
TECHNICAL GROUP
47. A Technical Group will be established to provide technical input, advice and address
issues. The Group comprises, as a minimum, planning or other consultants for the
Landowners and Province, Provincial staff, Regional staff, City staff, and other
agencies as may be required such as the Toronto and Region Conservation Authority,
school boards or utilities. The Consulting Team shall meet with the Technical Group
as a regular part of the process and at milestones during the study.
APPENDICES
A Selected List of Resources Available
B City Council Resolution 04/06
Page 11
1
A,ddendu~»~
ATTACHMENT # _~-LTO REPORT#Gko Z-o9
No. RFP-7-2009
Consulting Services for Seaton Neighbourhood Planning Review
01
APPENDIX A: Selected List of Resources Available 2
The Regional Municipality of Durham Official Plan, Consolidation June 5, 2008
Pickering Official Plan, Edition 5, June 2008
City of Pickering Sustainable Development Guidelines - Consultants' Final Report,
prepared by Dillon Consulting Limited et al, May 2007
Working Draft Sustainable Neighbourhood Scorecard, City of Pickering, May 2007
Sustainable Indicators - The Benchmarking Process, City*of Pickering, June 2008
City of Pickering - Major Community Facility Needs and Locations for Seaton, Letter, June 2009
Central Pickering Development Plan,.Ministry of Municipal Affairs and Housing, May 2006
Highway 407 (Seaton Lands) Economic Development Study, Final Report &
Appendices, Hemson Consulting Ltd. et al, for Ontario Realty Corporation, April 2007
Natural Heritage System Management Study and Master Trail System, Final Report,
Schollen & Company Inc., et al, for MMAH, October 2008
Durham/Toronto/York Area Transportation Study, Draft Final Report, TSH for Ministry
of Transportation, January 2009 (subject to Provincial release)
Cultural Landscape Assessment, Central Pickering: Seaton Lands, prepared by:
Wendy Shearer Landscape Architect Limited, date stamped February 28, 2000
Seaton Built Heritage Assessment, Prepared for the North Pickering Land Exchange
Team, Ministry of Municipal Affairs and Housing., Planning and Development Division,
prepared by: Andre Scheinman, Heritage Preservation Consultant, November 2004
Seaton Cultural Heritage Resources Assessment, Summary Report and Technical
Appendices, Volume I, by Hough Stansbury Woodland Naylor Dance Limited-Prime
Consultants, July 1994
The Hamlet of Whitevale Heritage Conservation District Study, Background Report &
District Plan, prepared by The Town of Pickering, August 1989
Whitevale Heritage Conservation District Guide, prepared by. The City of Pickering
Seaton Community: Master Environmental Servicing Study, Existing Conditions
Summary Report & Appendices, prepared by Sernas et.al, for the North. Pickering
Community Management Inc., August 2008; and Energy Management Plan, by SAIC, for
Sernas Associates, July 2009;
Seaton Retail Analysis, IBI for Seaton Landowners Group, September 2005
Seaton Landowner. Group, Compiled Concept Plan, Sernas, January 2008
Seaton Draft Plan and Rezoning Applications for Metrus lands (December 2007 &
December 2008), for Lebovic lands (January 2008 & April 2009), for Mattamy lands (March
2009) and for White Sun lands (May 2009) and Official Plan Amendment Applications,
submitted for Lebovic lands - Plans for Neighbourhoods 6, 10 and 11, April 2009, and
Metrus lands - Plans for Neighbourhoods 3, 4, 5, and 9, April 2009
Seaton Implementation Plan Terms of Reference, Ontario Realty Corporation, July 2009
Regional Class Environmental Assessment for Water, Sewers and Transportation
Terms of Reference, Region of Durham, 2007
Page 12
40
ATTACH MENT#-3- TO REPORT e,40 05-0c1 -
202
PPNDlx
CORPORATE SERVICES DEPARTMENT. P action as required
CLERKS DIVISION
Cleric to Action . copy of
DIRECTIVE MEMORANDUM Correspondence to Follow
Receive as JnfORTUM n
January 23, 2006 S E C F-' V E: D
JAN 2 5 2006
To: Neil Carroll
Director, Planning & Development CITY of '-k4EL6Pb1ENT
PLANNIpF PRTMCN
From: Debi A. Bentley
City Clerk
Subject: Direction as per Minutes of the Meeting of City Council
held on January 16, 2006
Designation of Heritage Conservation District
COUNCIL DECISION 13ESSOLUTION #04106
WHEREAS section 8.1 of the Pickering Official Plan states that Council shall respect
the City's cultural heritage, and shall conserve and integrate important cultural heritage
resources from all time periods into the community; and
WHEREAS section 8.4 of the Pickering Official Plan states that City Council, in
consultation with its heritage committee, shall implement the provisions of the
Ontario HenTege Act, including the designation under the Act of heritage conservation
districts where appropriate; and
WHEREAS policy 2.13(n) of Council adopted Amendment 13 to the Pickering Official
Plan, which implements the results of the City's Growth. Management Study, states that
for the Central Pickering Area, Council shall recognize the heritage character of the
Whitevale Road Corridor and require the design of new development to be compatible
with the existing heritage, features and sites; and
WHEREAS policy 2.13(1) of Council adopted Amendment 13 to the Pickering Official
Plan identifies the need for a neighbourhood planning process for Central Pickering;
and
i
~~endum-b
ATTACHMENT # .~=LTO REPORT# CV~o t5-bq
APPENDIX B .203
Directive Memorandum January 23, 2006
WHEREAS the City of Pickering has designated by by-law the Hamlet of Whit evale and
its surroundings, including lands on either side of Whitevale Road to the east of
Sideline 26 as a heritage conservation district; and
WHEREAS Heritage Pickering, the City's heritage committee, has approached Council
requesting a potential extension of the heritage conservation district designation
through Seaton along Whitevale Road, from the east limit of the existing heritage
conservation district to Sideline 16, extending one half a concession in width north and
south of Whitevale Road and including Whitevale Road itself (th(3 "Study Area"); and
WHEREAS section 40 of the Ontario Heritage Act permits the Council of a municipality,
in consultation with its heritage committee, to undertake a study of an area of the
municipality for the purpose of designation of a heritage conservation district; and
WHEREAS section 40.1 of the Ontario Heritage Act permits a municipality undertaking
a study under section 40 of the Act to designate by by-law a defined area as a "heritage
conservation study area" for a period of up to one year.
NOW THEREFORE the Council of the Corporation of the City of Pickering hereby
directs staff, as input to the neighbourhood planning process for Seaton, to undertake a
heritage study of the Study Area in the context of an urbanizing area consistent with the
City's Growth Management Study / Amendment 13, and prepare an appropriate by-law
designating such area as a heritage conservation study area; and
THAT a copy of this resolution be forwarded to all landowners within the Study Area,
Heritage Pickering, the Minister of Culture, the Minister of Municipal Affairs and .
Housing, Ontario Realty Corporation, the North Pickering Land Exchange Team, and
DEL Property Management.
Debi A. Bentley
/dw
Copy: Chief Administrative Officer '
City Clerk
A~aendum ~
#Cl a5-D9
ATTACHMENT# - TO REPORT
204 No. RFP-7-2009
Consulting Services for Seaton Neighbourhood Planning Review
HEALTH AND SAFETY REGULATIONS
1. (a) The City is the "owner" throughout the term of this contract.
(b) The Company is the "employer" throughout the term of this contract.
2. The company certifies that it, its employees, its subcontractors and their employees,
(a) are aware of their respective duties and obligations under. the Occupational Health and
Safety Act, as amended from time to time, and all Regulations thereunder (the "Act'); and
(b) have sufficient knowledge and training to perform all matters required pursuant to. this
contract/quotation safely and in compliance with the Act.
(c) are covered by WSIB.
3. In the performance of all matters required pursuant to this contract/quotation, the company shall,
(a) act safely and comply in all respects with the Act, and
(b) ensure that its employees, its subcontractors and their, employees act safely and comply in
all respects with the Act.
4. The company shall rectify any unsafe act or practice and any non-compliance with the Act at its
expense immediately upon being notified by any person of the existence of such act, practice or
non-compliance.
5. The company shall permit representatives of the City on site at any time or times for the purpose
of inspection to determine compliance with this contract/quotation.
6. No act or omission by any representative of the City shall be deemed to be an assumption of any
of the duties or obligations of the company or any of its subcontractors under the Act.
7. The company shall indemnify and save harmless the City,
(a) from any loss, inconvenience, damage or cost to the City, which may result from the
company or any of its employees, its subcontractors or their employees failing to act safely or
to comply in all respects with the Act in the performance of any matters required pursuant to
this contract/quotation; and
(b) against any action or claim, and costs related thereto, brought against the City, by any
person arising out of any unsafe act or practice or any non-compliance with the Act by the
company or any of its employees; its subcontractors or their employees in the performance
of any matter required pursuant to this contract/quotation.
(c) from any and all charges, fines, penalties, and costs that may be .jncurred or paid by the City
if the City (or any of its council members or employees) shall be made a party to any charge
under the Act in relation to any violation of the Act arising out of this contract/quotation.
8. The company shall abide by the Workplace Safety & Insurance Board Act, as amended from
time to time and all Regulations thereunder.
CONDITION OF WORK SITE
9. The company shall remove and legally dispose of debris, packaging and waste materials
frequently, or as directed by the City, in accordance with all governmental regulations applicable
to such activities.
Acknowledged: Date:
Signature Print Name Company
Page 15
Addendum fo
ATTACHMENT # !~LTO REPORT # C40 05 ag
205
Excerpts from Novae Res Urbis
of
Wednesday, August 19, 2009
REQUEST FOR PROPOSAL
Consulting Services for Seaton Neighbourhood Planning Review
No. RFP - 7 - 2009
Sealed proposals will be received by the undersigned department for
the above no later than 2:00 pm (local time):
Tuesday, September 8, 2009
Proposals are invited from consultants to review recent work on
Seaton that has been or is being completed by the landowners (in-
cluding the Province), undertake required new work and analysis,
undertake a consultation program, and provide recommendations to
the City with respect to the following:
• Official Plan policies and related matters for Seaton, including
Official Plan amendments, neighbourhood plans, sustainable
performance measures, and development guidelines;
• results of required background studies, including updating the
retail market analysis,.and establishing an affordable housing
strategy; and
• submitted draft plan of subdivision and zoning by-law applications
for Seaton.
This is not a conclusive listing of requirements - it is solely the bidder's
responsibility to review the Terms of Reference for full requirements.
Terms of Reference can be obtained from Supply & Services, 2nd
Floor, One The Esplanade, Pickering = Tel. 905.420.4616, Fax.
905.420.531.3. .
Lowest, highest or any proposal not necessarily accepted.
The Corporation of the City of Pickering
Corporate Services Department
Supply and Services, 2nd Floor
One The Esplanade
Pickering, Ontario
LIV 6K7
Vera A. Felgemacher, C.P.P., CPPO, CPPB, C.P.M., CMM III
Manager, Supply and Services
Ad~d~rn ~ ,
ATTACHMENT # : TO REPORT #CJ~-09
206
SEATON NEIGHBOURHOOD PLANNING
REVIEW AGREEMENT
September_, 2009
Between:
THE CORPORATION OF THE CITY OF PICKERING
(the "City")
- and -
1133373 ONTARIO INCORPORATED
("1133373")
- and
AFFILIATED REALTY CORPORATION LIMITED
("Affiliated")
- and
CHESTERME'RE INVESTMENTS LIMITED
("Chestermere")
and -
HUNLEY HOMES LIMITED
Hunley' )
- and -
1350557 ONTARIO LIMITED
("1350557")
-and-
ZAVALA DEVELOPMENTS INC.
("Zavala")
-and-
MATTAMY (SEATON) LIMITED
("Mattamy Seaton")
a&r1bAm
ATTACHMENT # 5 TO REPORT#CAD 65-DI
and - 207
WHITE SUN DEVELOPMENTS LIMITED
("White Sun")
-and-
ONTARIO REALTY CORPORATION
acting as agent on behalf of Her Majesty the Queen in Right of Ontario
as represented by the Minister of Public Infrastructure Renewal
(the "Province")
(1133373, Affiliated, Chestermere, Hunley, 1350557, Zavala Mattamy Seaton,
White Sun and the Province are collectively referred to in this Agreement
as the "Landowners" and individually as a "Landowner")
- and -
NORTH PICKERING COMMUNITY MANAGEMENT INC.
(the "Trustee")
WHEREAS the Landowners are owners of the lands in the City of Pickering, Regional
Municipality of Durham shown in Schedule "A (the "Seaton Lands"); and.
WHEREAS the Trustee has been appointed trustee for the Landowners in respect of
certain matters relating to the development of the Seaton Lands; and
WHEREAS the Seaton Lands are located within the area that is subject to the Central
Pickering Development Plan ("CPDP") which was approved by the Minister of Municipal
Affairs and Housing pursuant to the Ontario Planning and Development Act, 1994; and
WHEREAS the CPDP identifies a number of studies that must be completed, many of
which have been completed or are underway;
WHEREAS the City has issued Request for Proposal RFP-7-2009 ("RFP") for
consulting services to address some of the remaining study requirements and to
commence review of development applications within the Seaton Lands (the
"Consulting Work"); and
WHEREAS the Landowners have agreed to fund the Consulting Work in the manner set
out in this Agreement.
2
~Cvld(.ym'~O
ATTACHMENT #-5-TO REPORT # CAo a5 09
208
NOW THEREFORE, the parties agree as follows:
Consulting Services
1. The Landowners and the City agree that (the
"Consultant") shall be responsible for the preparation and delivery of all of the
Consulting Work.
2. The Landowners acknowledge that the scope of consulting services and
deliverables included as part of the Consulting Work are as set out in sections 36
through 43 of the RFP.
3. The Landowners and the City shall approve the form of consulting service
contract and all amendments to it (the "Consulting Contract").
City Responsibilities
4. The City shall,
(a) enter into the Consulting Contract with the Consultant;
(b) provide copies of the Consulting Contract to the Landowners;
(c) approve all Consulting Contract invoices for payment;
(d) pay all approved Consulting Contract' invoices;
(e) ensure that all deliverables meet ` the requirements of the Consulting
Contract;
(f) make all decisions -relating to the administration of the Consulting
Contract; and
(g) generally ensure that the Consultant proceeds with and completes the
Consulting Work in a timely and diligent manner.
Landowners/Trustee Responsibilities
5. The Landowners, through the Trustee, shall,
(a) direct and instruct their staff to use all of their available powers and
authority to undertake all actions necessary to ensure that the Consulting
Work can be completed in a timely and diligent manner; and
(b) be responsible for all costs and expenses properly payable under the
Consulting Contract up to a maximum of $
3
QooCvldUm~
ATTACHMENT # -6
-TO REPORT # A 05 09 209
6. Prior to or concurrent with the City's execution of the Consulting Contract, the
Trustee shall deposit with the City the sum of $ to be applied towards
payments required to be made by the City under the Consulting Contract. Any
such monies that have not been applied towards the Consulting Contract
following completion of all of the Consulting Work shall be returned to the Trustee
without interest or deduction.
7. The Landowners acknowledge that the figure set out in section 6 represents the
upset limit under the Consulting Contract less the amount estimated by the
Consultant to undertake the work described under the heading "Development
Review" in section 37 of the RFP and that such work shall be funded using
monies submitted to the City with the Landowners' applications for subdivision
approval.
Technical Group
8. The Landowners may appoint up to three persons to sit on the Technical Group
described in section 47 of the RFP.
Remedies
9. If the Landowners are in default of any term of this Agreement and such default.
has continued for a period of thirty (30) days after receipt of notice (or such
longer period as may be reasonably required in the circumstances to cure such
default), the City, without 'prejudice to any other rights which it may have with
respect to such default, may terminate this Agreement without further notice.
10. If the Council of the City materially alters the Terms of Reference set out in
sections 35 through 47 of the` RFP, then the Trustee shall have the option of
terminating this Agreement and any monies deposited with the City pursuant to
section 6 shall be returned to the Trustee forthwith upon such termination.
Development Charges
11. All parties acknowledge that the City shall not include in the calculation of a
developmentcharge imposed by a development charge by-law enacted by the
City in accordance with section 5 of the Development Charges Act, 1997 any
costs or expenses included in the Consulting Contract.
General Provisions
12. Any notice, demand, acceptance or request required to be given under this
Agreement (a "notice") shall be given in writing and shall be deemed to be given
if either personally delivered or mailed by registered mail, postage prepaid, (at
any time other than during the general discontinuance of postal services due to a
strike, lockout or otherwise) and addressed to the following addresses (or such
updated address provided through written notice to all parties):
4
21 0 ATTACHMENT # 5 TO REPORT #C&--.~-b9
To the City as follows:
The Corporation of the City of Pickering
Pickering Civic Complex
One The Esplanade
Pickering, ON L1V 6K7
Attention: City Clerk
To the Landowners as follows:
North Pickering Community Management Inc.
30 Madras Place
Brampton ON WS 2Z2
Attention: Andrew Orr
with a copy to:
Weir Foulds LLP
The Exchange Tower, Suite 1600
P.O. Box 480, 130 King Street West
Toronto ON M5X U5
Attention: Michael J. McQuaid
provided that where the Agreement provides for notice to the Landowners it shall
be effected by such Notice being given to the Trustee, but courtesy copies will
also '°be,provided to the Landowners at the addresses set out below:
1133373 Ontario Incorporated
c/oLebovic Enterprises Limited
12045'McCowan'Road, Box 1250
Stouffville ON L4A 8A2
Attention: Lloyd Cherniak
Affiliated Realty Corporation Limited
c/o Masters and Masters
65 Queen Street West, Suite 440
Toronto ON M51-12M5
Attention: Robert Masters
5
ATTACHMENT #-5-TO REPO # A0 05-09
211
Chestermere Investments Limited
c/o Robins, Appleby & Taub LLP
Barristers and Solicitors
120 Adelaide Street West, Suite 2600
Toronto ON M5H 1T1
Attention: Ronald Appleby and Gerald Taub
Hunley Homes Limited
c/o Metrus Developments Inc.
1700 Langstaff Road, Suite 2003
Concord ON L4K 3S3
Attention: Bruce Fischer
1350557 Ontario Limited
c/o Brookfield Homes
7303 Warden Avenue, Suite 100
Markham ON UR 5Y6
Attention: Peter Nesbitt
Zavala Developments Inc.,
c/o Metrus Developments lnc.
1700 Langstaff Road, Suite
2003
Concord ON L4K 3S3
Attention: Bruce Fischer
Mattamy (Seaton) Limited
c/o The Mattamy Development Company
206 - 140 Renfrew Drive
Markham ON M1 X 1A1
Attention: Rodger Miller
c/o Joseph and O'Donoghue LLP
Barristers and Solicitors
2200 Yonge. Street, Suite 1301
Toronto ON M4S 2C5
Attention: Adam Joseph
6
perdu rn
ATTACHMENT # 5 TO REPORT
21 2
White Sun Developments Limited
4576 Yonge Street
Suite 500
Toronto ON M2N 6N4
Attention: Stephen Goldhar
To the Province as follows:
Ontario Realty Corporation
1 Dundas Street West
Toronto ON M5G 21_5
Attention: Graham Martin,
General Manager, Acquisition/Easements
with a copy to:
Chappell Bushell Stewart LLP
Suite 3310, 20 Queen Street West
Toronto ON M5H 3R3
Attention: David Flynn
13. Notice shall be deemed to have been given to and received by the party to which
it is addressed,
(a) if delivered, on the date of delivery; or
(b)if mailed; on the 5t" day, after the mailing.
14. References in this Agreement to a section shall, unless expressly stated
otherwise, mean a section of this Agreement. References in this Agreement to a
Schedule means, unless expressly stated otherwise, a Schedule attached to this
Agreement.
15. Schedule "A" (Sketch of Seaton Lands) forms an integral part of this. Agreement.
16. In this Agreement, reference to any Act is reference to that Act as it is amended
or re-enacted from time to time and any regulations under that Act.
17. If any provision of this Agreement is determined by a Court of competent
jurisdiction to be illegal or beyond the power, jurisdiction or capacity of any party
bound hereby, such provision shall be severed from this Agreement and the
remainder of this Agreement shall continue in full force and effect. The parties
agree that they shall not question the jurisdiction of any party to enter into this
7
ATTACHMENT # 5 TOREPORT #W 06-09
213
Agreement nor question the legality any portion of this Agreement, nor question
the legality of any obligation created under this Agreement and the parties are
and shall be stopped from contending otherwise in any proceeding before a
Court of competent jurisdiction or any administrative tribunal.
18. The parties shall execute such further documents and cause the doing of such
acts and cause the execution of such further documents as are with their power
as any party may reasonably request to be done and or executed, in order to give
full effect to the provisions of this Agreement.
19. This Agreement shall be enforceable against the Landowners, jointly and
severally, their heirs, executors, administrators, successors, assigns and
successors on title.
20. The rights and obligations of a Landowner under this Agreement may be
assigned to a successor in title to all or a portion of the Seaton Lands provided
that no such assignment to any person is valid unless such successor in title first
has entered into an agreement in a form satisfactory to the City agreeing to
assume and be bound by the provisions of this Agreement as if such successor
were an original party to this Agreement. Upon the execution of such assumption
agreement, the Landowner shall be released from its future obligations under this
Agreement in respect of the Landowner's lands conveyed.
21. This Agreement shall be interpreted under and is governed by the laws of the
Province of Ontario.
22. Time is of the essence of this Agreement'and each of its provisions.
23. This Agreement may , be executed in counterpart and/or by facsimile
transmission, and when each party has executed in counterpart and/or facsimile,
each part shall be conclusively deemed to be an original and all parts, when
taken together, shall constitute one and the same document.
IN WITNESS WHEREOF the parties have executed this Agreement.
THE CORPORATION OF THE CITY OF PICKERING
Dave Ryan, Mayor
Debi A. Wilcox, City Clerk
8
ATTACHMENT #-5-TO REPORT # QqD C6-09
214
1133373 ONTARIO INCORPORATED
Name:
Title:
Name:
Title:
AFFILIATED REALTY CORPORATION LIMITED
I
Name:
Title:
Name:
Title:
CHESTERMERE INVESTMENTS LIMITED
Name:
Title:
Name:
Title:
HUNLEY HOMES LIMITED
Name:
Title:
Name:
Title:
9
A~,ondum+~
ATTACHMENT # TO REPORT # CAo C6-`1
1350557 ONTARIO LIMITED 215
Name:
Title:
Name:
Title:
ZAVALA DEVELOPMENTS INC.
Name:
Title:
Name: ,
Title: '
MATTAMY (SEATON) LIMITED
Name:
Title:
Name:
Title:
WHITE SUN DEVELOPMENTS LIMITED
Name:
Title:
Name:
Title:
10
/-~Adendum }o
ATTACHMENT # Jr- TO REPORT #A a5-09
216 NORTH PICKERING COMMUNITY MANAGEMENT
INC.
Name:
Title:
Name:
Title:
ONTARIO REALTY CORPORATION
acting as agent on behalf of Her Majesty the Queen in
Right of Ontario as represented by the Minister of
Public Infrastructure Renewal
Name:.;;
Title:
Name:
Title:
11