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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 That Council Resolution # 210-08 of October 20, 2008, concerning the Seaton Neighbourhood Planning Program be rescinded; 4.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. 18 June 2009 Page 1 142 Central Pickering Development Plan Seaton Neighbourhood Planning Program Recommended Terms of Reference 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 18 June 2009 Page 2 Central Pickering Development Plan 143 Seaton Neighbourhood Planning Program Recommended Terms of Reference 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. 18 June 2009 Page 3 144 -Central Pickering Development Plan Seaton Neighbourhood Planning Program Recommended Terms of Reference 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 18 June 2009 Page 4 Central Pickering Development Plan 145 Seaton Neighbourhood Planning Program Recommended Terms of Reference 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 18 June 2009 Page 5 it 146 Central Pickering Development Plan Seaton Neighbourhood Planning Program Recommended Terms of Reference 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 18 June 2009 Page 6 147, Central Pickering Development Plan Seaton Neighbourhood Planning Program Recommended Terms of Reference 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. 18 June 2009 Page 7 148 Central Pickering Development Plan Seaton Neighbourhood Planning Program Recommended Terms of Reference 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 18 June 2009 Page 8 Central Pickering Development Plan 149 Seaton Neighbourhood Planning Program Recommended Terms of Reference 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 18 June 2009 Page 9 150 Central Pickering Development Plan Seaton Neighbourhood Planning Program Recommended Terms of Reference 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; 18 June 2009 Page 10 Central Pickering Development Plan 151 Seaton Neighbourhood Planning Program Recommended Terms of Reference 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 I 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 j\documents\planning\SeatonNeidPlan\TermsofRef\2009WRecommendedAppendixBtoTennsofRef1 Uune2009 .1 6. Y~ fONCES$~ON ROAO - ~ - ss sENENn• „~sr qT E i - ml 4 w + ROU z - NropJ>!NV z - 1 3 a Y ? Q O J z WMTEVAL I 1 E I , t x a a ee„e ~ $ 1 R 3 a RRID R wo GO I ,.,twuNTOY I ' HYDRO gT ' F I saroN no•o rte•n HE OOD RR a Z O HYDRO RR OR \ + Ti 11 I , . Q I _ 1 ' U RDOR 1 - - MyDR OORR~O d ' i - Goa ■ L _ + ~RE~ I I. I i ~ 1 1 1 1 I I I - 1 ~ ( City of Pickering Planning & Development Department CENTRAL PICKERING DATE: JUNE. 19, 2009 Terenet enter pate ~e ureee: a ® ® Orissa Inc. .-le. and All right e Reeervetl. Not o p.le plot of isl THE SEATON COMMUNITY ppli-. H MPAC and its eu pplie ' All rights R e°-e tl. Not Nol o plan of Survey. y. 1 L 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 1132306.1 5 AAACrAum ATTACHMENT #-J-TO REPORT #k 0.5-0 a N~ 00 ~m m m m B J as Em J 96 mm~y m c ~zz s m c m mm m~~ Tl~ C m ~4 L Z ~ J ..00a 3 and m Lo k T > ~+mmm '~ma a~<mUmg'el o m ~~my ju _E 'n gg 6 $ zisw3i~~~i~a` I ! W V N r = I `1 I r 1~ i 1 1 QZ OUIRP 1 - zaz WHOM bd WHOM s. ~'ti'r' .,..x+ rn1 ,o, 9z qupps tom. ~ ♦ - O ez -Ipgs veOa WON ` y d Y Bu 1 UmOl W04-0-410A y I4d d er►dum ~ 'ATTACHMENT #_J•_TO REPORT d9 186 Q 00 00 CD N N O r r o r r o v er v r N M ~ V7 F ~ W s E"' 0 d v C ~ a a Q r- N C h C O ^ it a' M d' pp . r_ a N Nom... n W O Q _l y ^ J O J W Q D C W) ON O r t- O 0 0 0 a abi. C. 0 IOnO C' e}'. 00 T v'i R Op O~ 00 r ~ r 1i M c00 aN l N CC 1,0 00 69 M 46S 60) OS 61~ E w o ~ a 00 rn = o o v, -tr rn o v K ICI In o y o I*- G c o _ t- o 000 a .41. IN 46S 46S ct In, r. h O ? •O C •O 69 L O L L C) It ' ;a C V O et 00 In 7 F °O M In oo I= C, 00 A. 0 O V1 06 K r o ao b!) ..7 ~ fi w+ u 'n N oo oo t- vi r N bi c ~7 In In c~ bA < O 6Li 46S 69 46S y y 69 69 69 c E' 40) m C6 O O p - O O ~ ~ Q' O O p ~ O O p U C o o o o c c y sF c O v7' i cd 14, W m q` L L ry . _ L L d d Ld 61 F I oil r 40, 75 N d d d d r C h O O O O w a+ C! h V V w~ V U L L L L opI d o c 8` c o f c o o e i CL ..y ^ V tai y I F~1 CQ 'O CO ' 4. '3 C yt y u a c y y c d N - U a 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