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HomeMy WebLinkAboutApril 15 Executive Agenda v2Report GAO 03-13 April 15, 2013 Subject: Seaton Community Page 2 Executive Summary: The City is preparing for an Ontario Municipal Board (OMB) hearing dealing with 21 plans of subdivision and zoning by-law amendment applications for the Seaton Community. It is scheduled to commence in late May 2013. In conjunction with these development applications, various studies were required including a fiscal impact study of the Seaton Community, a master environmental servicing plan, a staged servicing and implementation strategy, functional servicing and stormwater reports for each of the neighbourhoods, and transportation studies. Topics related to these studies are also the subject of the OMB hearing. Staff has identified over 50 issues for the hearing on matters related to fiscal impact, water resources, draft plans of subdivision, and the zoning by-law. Council's position on these issues is required for the City's external counsel, external witnesses and City staff, to represent the City's interests at the OMB. It is therefore recommended that Council endorse the City's Issues List for the Seaton Community Phase Three OMB hearing and authorize staff to: present the Issues List and defend the City's interests at the OMB; request the Board's inclusion of the City's proposed conditions of draft approval should any subdivision be approved; present and defend the City's proposed zoning by-law for the lands; and finalize as necessary through the hearing process, the plans of subdivision, conditions of approval and zoning by-law. A critical issue for Pickering is to ensure that the development of Seaton not cause a financial burden on the City. To this end, Watson & Associates Economists Ltd. completed a study for the City providing a high-level estimate of the fiscal impact of the development of Seaton, on Pickering. The study concludes that the City will experience negative cash flow of approximately $7.7 million (at its worst around 2019), and a small surplus of approximately $4.4 million by 2031. To address the negative cash flow issue and ensure Seaton will not be a financial burden on the City, staff is also requesting Council's authorization to enter into discussion with the Seaton landowners to prepare a Memorandum of Understanding (MOU) to address these financial issues. Once completed, the MOU will be brought back to Council for consideration, and if acceptable, for approval. Financial Implications: The Central Pickering Development Plan (CPDP) requires that a Fiscal Impact Study (FIS) be carried out to determine the cost of development of the Seaton Community services and facilities. The CPDP requires these costs to be estimated for the time period ending in the year 2031 . City staff has retained Watson & Associates Economists Ltd. to prepare the FIS. The Executive Summary of the FIS is included in this Report as Attachment #1. The FIS concludes that the City is likely to realize a cumulative operating fund surplus of approximately $4.4 million by the year 2031. In the shorter term, however, the City will have negative cash flow. This arises because cost recovery, through development Report CAO 03-13 April15, 2013 Subject: Seaton Community Page 3 charges and otherwise, will lag behind the initial need to finance community facilities as the development of Seaton gets underway. The near-term cash flow problem will impose a financial burden on the City which needs to be addressed. Discussion of this issue with the Seaton landowners has been initiated and is ongoing. Furthermore, given the long term over which the CPDP requires the City to plan for the cost of Seaton community facilities and infrastructure, the anticipated long-term surplus of $4.4 million is also of some concern. Discussion with the Seaton landowners will therefore also consider various proposals and contributions that could help enhance the City's long-term surplus position. At the OMB, this issue will be addressed by asking the Board to include, as a condition of approval of any of the plans of subdivision that may be approved, a requirement that the landowners make satisfactory financial arrangements with the City to ensure that Seaton does not create a financial burden on the City. 1.0 Background 1.1 Staff is preparing for Phase Three of the Ontario Municipal Board Hearing for the Seaton Community 1.1.1 The Phase One hearing was held in September 2012 Phase One of the hearing dealt with the "Seaton Conformity Amendment" (Amendment 22 to the Pickering Official Plan). This Amendment brings the City's Plan into conformity with the Central Pickering Development Plan (CPDP). The Ontario Municipal Board (OMB) gave its decision on September 28, 2012, approving the Seaton Conformity Amendment with the exception of the Neighbourhood Plan schedules, and two policies related to transportation and phasing. 1.1.2 The Phase Two hearing was held in late January and early February 2013 The purpose of Phase Two was to consider the approval of the remaining parts of the Conformity Amendment, being the six Neighbourhood Plan schedules and two contested policies. A number of housekeeping changes were also proposed to some of the policies and the Neighbourhood Plans. The Region of York was a party to the hearing and requested changes to two policies. One policy encouraged York Region, in cooperation with others, to realign and improve 14th Avenue between Donald Cousins Parkway and the York-Durham boundary in order to connect to the Whitevale Road By-pass". The policy was revised by deleting "realign" but maintains the reference to "improve". Report CAO 03-13 April15, 2013 Subject: Seaton Community Page 4 The second policy addressed the preparation of a Staged Servicing and Implementation Strategy (SSIS) to describe the timing, sequencing and cost of delivery of major infrastructure and servicing including roads internal to Seaton, external linkages, and the Highway 407 interchanges, and other facilities and services. Of particular concern to the Region of York was the timing for external road connections. The policy was revised to provide greater clarity on how much development could take place prior to a transportation study being undertaken to determine the need, extent and timing of additional transportation improvements. The policy requires the future transportation study to be undertaken prior to development going beyond the Phase 1 development area as shown in the SSIS (see Seaton Development Phasing Plan, Attachment #2). The Phase 1 development permits up to approximately 13, 000 units. The revised policy also allows the conditions of draft approval to require (H) - Holding provisions on the zoning for lands beyond Phase 1. Prior to development proceeding beyond Phase 1, the City of Pickering and the Region of Durham, in consultation with the Region of York, must be satisfied with the completion of the transportation study and the implementation of the recommended transportation improvements. Marion Thomas was also a party to the hearing. At issue was the compatibility of the proposed land uses designated within the Hamlet Heritage Open Space around the Hamlet of Whitevale, The uses included a community park, two elementary schools, a neighbourood park, and a stormwater pond. The OMB considered the evidence and concluded the uses were compatible. In addition, Marion Thomas raised issues regarding the land use designations as they affected the Whitevale Heritage Conservation District, and compatibility of uses adjacent to the Whitevale Road Corridor and various lots with heritage structures on them. The OMB accepted the City's evidence that heritage was considered in the preparation of Amendment 22 to the Pickering Official Plan, and in the design of the Neighbourhood Plans, and that the Plan provided direction for the review of development with respect to heritage matters. The OMB issued its decision on March 25, 2013 approving the revised schedules and policies recommended to the OMB by the City's expert witness. This decision is subject to the approval of the Lieutenant Governor in Council as a result of the Provincial Declaration of Interest in the appeals to the OMB of the Seaton landowners' official plan amendment applications. Report CAO 03-13 April15, 2013 Subject: Seaton Community Page 5 1.1.3 Phase Three hearing commences on May 27 and is seven weeks long Phase Three of the hearing will address issues related to: • the fiscal impact of development • water resources(including stormwater management) and servicing • transportation and transit issues • the phasing of servicing • the draft plans of subdivision, and conditions of approval, and • the zoning by-law Additional information about Phase Three is discussed under section 4.0 of this Report, Next Steps. 2.0 Organization of Supporting Information This Report contains several Appendices and a significant number of attachments. The four Appendices are: I City of Pickering Issues List for the Seaton Community Phase Three Ontario Municipal Board II Recommended Conditions of Approval for The Seaton Draft Plan of Subdivisions Applications Ill Draft Zoning By-law for the Seaton Applications to Amend the Zoning By-law IV List of Applicants, Application File Numbers, and Legal Description of Lands subject to the Applications The Attachments are included for informational and background purposes. The first Attachment is the Executive Summary from the FIS of Seaton prepared by Watson & Associates Economists Ltd .. A full copy of the FIS will be provided to members of Committee under separate cover and will also be made available to the public in the Central Library and on the City's website. A full listing of all of the attachments is included at the end this Report, following the discussion. 3.0 Discussion 3.1 The fiscal impact of the development of Seaton is of paramount importance to the City. 3.1.1 Seaton facilities and their cost The CPDP requires that a Fiscal Impact Study(FIS) be prepared to determine the cost of development of the Seaton Community services and facilities for the time period ending 2031. City staff retained Watson & Associates Economists Ltd. to prepare the FIS. The Executive Summary of the FIS is included in this Report as Attachment #1. Report GAO 03-13 April15, 2013 Subject: Seaton Community Page 6 With input from City staff, Watson & Associates Economists Ltd. has set out the cost of building and operating the facilities that will be built as the Seaton community develops. These facilities include: • parks (including neighbourhood parks, village greens, a district park, community parks and related equipment, as well as trailheads and the primary trail network) • two recreation complexes and two library branches, with preliminary designs scheduled for 2019 and 2028, as demand requires. The recreation facilities are proposed to include 4 ice rinks, 2 swimming pools, 2 fitness centers, 2 double gymnasiums and 60,000 ff-2 of community multi-purpose space, part of which will be a seniors' centre • two new fire stations and required equipment, with preliminary designs scheduled for 2015 and 2023 to service the growing community and surrounding areas • a future satellite operations centre to service central and northern Pickering • a portion of the Civic Center expansion attributable to increased administrative demands resulting from the development of Seaton • local roads, internal collector/arterial roads, sidewalk and streetlight enhancements to Regional roads; and • stormwater infrastructure (including stormwater ponds and low impact development measures, such as infiltration trenches and bioswales) The FIS proposes a combination of area specific and city-wide development charges to fund construction of the Seaton capital facilities. The transportation network for Seaton is proposed to be the subject of an area specific development charge, with the exception that certain elements of the transportation network (internal collector/arterial roads, regional road sidewalk and streetlight enhancements and local roads) are to be fully financed and built by the Seaton landowners. Stormwater infrastructure is also to be fully financed and built by the Seaton landowners. The capital facilities required for Fire Services, Parks and Recreation, Operations and Libraries are proposed to be the subject of a city-wide development charge. Addressing these costs in a city-wide development charge reflects the fact that these services provide benefits not only to the residents of Seaton but also to residents of other parts of the City. A city-wide approach to these particular costs gives the City greater flexibility regarding how development charge revenues can be spent. Revenue generated from a city-wide development charge can be spent on the highest priority project anywhere in the City, whereas area specific development charge revenues can only be spent within the Seaton development area. Another benefit of a city-wide development charge for these costs is that it will enable the City to increase its development charge funding levels in the long term for the entire City. This occurs because the provincial Development Charges Act requires municipalities to calculate new development charges based Report CAO 03-13 April 15, 2013 Subject: Seaton Community Page 8 Staff have been in discussion with the Seaton landowners regarding various proposals and contributions to address the near-term cash flow problem and enhance the City's long-term surplus position. It is expected these discussions will result in the preparation of a draft Memorandum of Understanding (MOU) that will address the financial burden in an acceptable manner. Once completed, the draft MOU will be brought back to Council for consideration. Unless the MOU adequately addresses the financial burden, Seaton Community services and facilities would have to be financed by drawing on reserves, incurring debt, a temporary property tax increase (as a last resort), or some combination of those measures. Without an appropriate MOU, it might also be necessary to manage the near-term deficit by deferring construction of some of the Seaton community facilities. The CPDP contemplates that the City will implement "appropriate measures and financial arrangements" in advance of final approval of the plans of subdivision, so that the cost of developing Seaton is fairly shared by all benefiting parties. Consistent with the CPDP, Appendix II to this Report includes, as a condition of draft approval of the plans of subdivision, a requirement that the landowners make satisfactory financial arrangements with the City before their plans of subdivision can be given final approval for registration. 3.2 The Phase Three OMB hearing will consider issues related to the draft plans, conditions of approval, zoning by-law and supporting technical studies. 3.2.1 Draft Plans of Subdivision The City has received and circulated for comment 21 draft plans of subdivision. These applications have been appealed to the OMB. A list of the applications, file numbers, applicants, and legal description is provided in Appendix IV. One of the plans of subdivision is for the development of 80 hectares of employment lands, and 20 plans of subdivision are for the development of approximately 15,550 units of residential and mixed use development, covering the majority of the residential and mixed use lands (see Development Applications Location Map, Attachment #4). In February and March of 2013, following the Phase Two OMB hearing, the four of the five landowners submitted revised draft plans of subdivision. In light of the timing for the upcoming OMB hearing, a detailed review of the latest draft plans has not been completed, nor has there been time to discuss the City's issues with the applicants and make appropriate changes to the draft plans. This will occur through the Phase Three hearing process. A number of high level concerns were identified and included in the City's Issues List for the Phase Three Hearing (see Appendix 1). Staff also prepared conditions of draft approval for the draft plans that would reflect and address Report CAO 03-13 April 15, 2013 Subject: Seaton Community Page 9 these issues (see Appendix II). It is expected that revisions to the draft plans will be required in order to resolve many of the City's issues, and fulfill many of the conditions of subdivision approval. In considering the revisions, staff will also consider the detailed comments received from other City Departments, and others groups and agencies (such as the Pickering Heritage Advisory Committee). Accordingly staff is recommending that Council endorse the Issues List and authorize staff and its expert witnesses to present the List and defend the City's interests at the OMB, and work with the Board and other parties to the hearing to address these matters and make any necessary changes to the plans of subdivision and conditions of approval through the hearing process. 3.3 Zoning By-law The zoning by-law amendment applications are proposed to be dealt with in a comprehensive approach by creating a new stand alone by-law for the Seaton Urban Area. The draft by-law (see Appendix Ill) has been prepared to deal with all of the Seaton lands. However, only the lands that are subject to applications to amend the zoning by-law and are appealed to the OMB can be considered at this time. Therefore the draft zoning by-law schedules only reflect the Seaton landowners' lands that are before the OMB. The draft zoning by-law establishes new zoning categories and performance standards that are based on the approved Official Plan Amendment 22 for Seaton, the draft Seaton Sustainable Place-Making Guidelines and a zoning best practice review. The by-law schedules will be revised based on the final approved draft plans of subdivisions. The draft zoning by-law is anticipated to evolve as issues before the OMB are concluded, the detailed review of the subdivisions is completed, and based on input from the Seaton landowners. 3.4 Required Technical Studies 3.4.1 Master Environmental Servicing Plan Amendment In August 2008, a Phase 1 Master Environmental Servicing Plan (MESP) report was completed by the Seaton Landowners. This report summarized existing conditions data and included data and analysis of the aquatic communities, terrestrial communities at existing and proposed road crossings of the Natural Heritage System (NHS), geology and hydrogeology, and existing municipal services and the existing transportation system within Seaton. In July 2010, a Phase 2 MESP report was completed. This report documented the findings of all MESP analyses of surface water and groundwater assessments, wetlands and woodlands assessments, a stormwater management (SWM) plan with targets for water quality and quantity controls and erosion controls, transportation and servicing concepts, fisheries compensation framework, community facilities recommendations, phasing, monitoring and future study requirements. Report CAO 03-13 April15, 2013 Subject: Seaton Community Page 10 In response to agency comments on the Phase 2 MESP report, an amendment to the Phase 2 MESP report, now termed the Master Environmental Servicing Plan Amendment (MESPA) report was completed in December 2011. Throughout 2012, staff provided additional comments expressing concerns over several parts of the report. This resulted in a revised MESPA that was completed and submitted to the City for review on February 15, 2013. Staff continue to have significant outstanding issues and concerns with the revised MESPA report as follows: (i) Whitevale Creek Quantity Control: Water quantity controls are required within Whitevale Creek, as recommended in the 2012 Duffins Creek Hydrology Update as well as the original Terms of Reference for the MESP. Past experience within the City of Pickering has shown that the impacts associated with allowing uncontrolled urban runoff are having detrimental impacts to the receiving watercourses such as, increased runoff volumes, flows and velocities that result in increased in-stream erosion potential in the form of channel widening and downcutting of the channel bed. (ii) SWM Pond Block Sizes and Locations: Through review of the revised MESPA a number of SWM ponds that warrant consideration for relocation and/or reconfiguration have been identified. Issues with pond location were associated with a number of factors such as geotechnical (due to stable slope locations), hydrogeological (location of the pond in relation to the groundwater table), or design considerations (large pond berms required, and major system flow requirements). It is unclear as to whether the proposed pond block sizes are appropriate for meeting the required level of control, and the City's SWM Design Guidelines. (iii) Erosion Control Criteria: The overall erosion control criteria for the Seaton development remains outstanding. Additional volume controls are required to meet erosion control requirements, however, these additional volume controls have not been agreed to, and further modelling is still underway. As well, it is not clear as to how the volume control requirement will be achieved given the proposed Low Impact Development (LID) strategy and staff have requested alternative LID measures be assessed in order to meet the volume control requirements. (iv)Watercourses of Concern: 17 watercourses of concern, where erosion may potentially occur regardless of the level of stormwater controls, have been identified. A mitigation strategy developed with input from TRCA, Ministry of Natural Resources, the Seaton landowners and the City, needs to be developed at the MESPA level that can be successfully implemented at the NFSSR stage. (v) Neighbourhood Functional Servicing and Stormwater Report (NFSSR) Table of Contents: Major revisions have occurred to the approved July 2011, Annotated Table of Contents without consultation with City staff. The revised Report CAO 03-13 April 15, 2013 Subject: Seaton Community Page 11 Table of Contents affects the level of detail required to be provided within the NFSSR's, which substantially impacts the City's peer review process, and approval of the NFSSR's and Draft Plans of Subdivision. Consultation and agreement with all affected parties for revisions to the NFSSR Table of Contents needs to occur as part of a completed MESPA. 3.4.2 Neighbourhood Functional Servicing and Stormwater Reports The purpose of the NFSSRs is to demonstrate that the proposed Draft Plans of Subdivision and/or Site Plans can be appropriately serviced by grading, stormwater, roads, water, sanitary and storm sewers. Specifically for stormwater, the NFSSRs should confirm the servicing routes, environmental constraints, determine and justify the type, design, location and size of the SWM facilities and LID measures necessary to meet the specific targets set out in the MESPA. Five of the six NFSSRs were submitted on March 1, 2013 by the various consultants on behalf of the Seaton Landowners, in support of the 21 Draft Plans of Subdivisions. NFSSR's have been submitted for Neighbourhoods 16, 18, 19, 20 and 21. On December 15, 2011, City Council authorized staff to retain Soresen Gravely Lowes Consulting Associates Inc and SCS Consulting Group Ltd. for consulting services related to the technical review of the Seaton NFSSRs (Resolution #192/11 ). Given the unresolved issues with the MESPA noted above, SCS has noted that it is not practical to review the NFSSRs at this time until the higher level water resources issues are resolved at the MESPA stage, to the City's satisfaction. Notwithstanding this concern, the submitted reports were reviewed to determine if any information was not provided as required under policies 11.45 and 11.73 of Amendment 22. This review identified a number of pertinent issues which are summarized below: (i) Geotechnical and Hydrogeological Assessments: The required slope stability field work, analysis and/or design and the required groundwater assessments to justify the location of the development and the block locations for SWM ponds and/or LID measures as well as the design, size and function of the SWM ponds and/or LID measures was not submitted. Without this information, the correct location and functionality of the proposed facilities cannot be determined, which may impact the Draft Plans of Subdivision. (ii) Adherence to the City's SWM Design Guidelines: The NFSSRs show several SWM pond facilities requiring berms/earthen embankments higher than 3 metres. The City's SWM Design Guidelines limit pond berms to 3 metres, as berms greater than 3 metres result in additional operation and maintenance resources, higher liability costs, increased risk of public safety, property damage and/or environmental damage, which could result in claims, charges and/or fines. As well, the required information to confirm that all Report CAO 03-13 April 15, 2013 Subject: Seaton Community Page 12 major system flow routes have a safe and secure outlet and can function has not been submitted. The current LID strategy proposed at the MESPA level is relying on measures, such as increased top soil depth and roof leader disconnection that are not supported by the SWM Design Guidelines. Frontages less than 12 metres cannot have roof leader disconnection due to the inherent flooding, standing water and nuisance drainage problems that may occur resulting in numerous complaints in the future. Increased top soil depth, while worthy, cannot be maintained in the long term as it is heavily subject to homeowner alteration. Additional LID measures, that are in public ownership are required. Due to this, the location and/or size of the proposed SWM facilities and/or LID measures cannot be supported, which may impact the Draft Plans of Subdivision. Finally, all SWM systems should be designed to be resilient to climate change in order to ensure that they can function properly and safely in any extreme event condition. (iii) Life-Cycle Costs: The NFSSRs did not complete a life-cycle cost analyses to ensure that the selected SWM strategy represented the lowest life-cycle cost (namely replacement costs). For example replacement costs for the types of facilities with high berms noted above are higher due to the nature of the construction of the berm (built in compacted lifts, typically with offsite soils supervised by geotechnical engineers, some may require clay cores) and seepage control costs (liners, chimney drains). The City would be responsible for replacing these facilities once their useful life has come to an end. The replacement costs for the SWM facilities has not been accounted for in the City's FIS as their useful life is well beyond the FIS time period. Accordingly staff is recommending that Council endorse the Issues List and authorize staff and its expert witnesses to present and defend the issues at the OMB, and work with the Board and other parties to the hearing to address these matters and make any necessary changes to the plans of subdivision and conditions of approval through the hearing process. 3.5 Transportation and Traffic Management Issues 3.5.1 Timing of the Whitevale By-pass over West Duffins Creek Council Resolution #94/11 requested that staff explore opportunities to include the Whitevale By-pass bridge over West Duffins Creek in first phase of development. The need for and timing of the bridge is part of the Region of Durham's Environmental Assessment (EA) for Infrastructure. In response to the Council's resolution, City staff sent a letter to the Region, and met with Regional staff City staff, Regional Staff, and the landowner's consultants, about the timing of the bridge. Report GAO 03-13 April 15, 2013 Subject: Seaton Community Page 13 The findings of the EA to date are that the bridge is not required in the short term, and may not be required until after 2031. According to the latest revised version of the SSIS, the implementation of the westward extension of the realigned Whitevale Road across West Duffins Creek to intersect with Altona Road is planned to be the responsibility of the Region of Durham; and that the timing will be looked at through in the transportation study that is required prior to development proceeding to Phase 2. A condition of subdivision approval requires this future transportation study to be completed, to the satisfaction of the City and the Region of Durham, in consultation with the Region of York. 3.5.2. Hamlet of Whitevale Traffic Impact and Management Study Given the findings on the timing for the Whitevale By-pass bridge over the West Duffins Creek, City staff recommended that a traffic impact and management study be prepared to assess the potential impacts of traffic on the Hamlet of Whitevale. The landowners' consultants have agreed to provide a report that will propose specific mitigation measures to address potential traffic infiltration through the Hamlet. That report is anticipated before the start of the Phase Three hearing. A condition of subdivision approval requires this study to be completed and its implementation agreed to, to the City's satisfaction. 3.5.3 Traffic Sensitivity Analysis A comprehensive Traffic Sensitivity Analysis is required by section 11.25 of the Pickering Official Plan. This analysis will provide a greater assurance to the City that the proposed roadway and transit infrastructure for the entire Seaton Urban Area is adequate for the safe and efficient movement of traffic and goods, and that the development will be phased in line with the delivery of roadway and transit infrastructure. This analysis is a comprehensive transportation planning exercise based on modeling, and addresses all modes of transportation. Traffic impact, transportation demand management, parking management, intersection control and signalization are the integral parts of this transportation planning exercise. A condition of subdivision approval requires the Traffic Sensitivity Analysis to be submitted, to the City's satisfaction. 3.5.4 Traffic Signalization Program City staff recommended that a traffic signal implementation program be prepared to identify intersection locations that will require traffic signals, and to prepare an Report CAO 03-13 April15, 2013 Subject: Seaton Community Page 14 implementation in advance of the warrants being met. This program shall include a funding for the signal installations, a priority list of signals, and the timing of the proposed installation. Based on the discussion between the City staff and the Seaton landowner's technical consultants, it was expected that this program will be submitted in conjunction with the NFSSRs. However, it is not part of the current submissions. A condition of subdivision approval requires the Program to be submitted to the City's satisfaction. 4.0 Next Steps 4.1 Information Session on the Seaton Community An information session on the proposed Seaton Community is scheduled for the afternoon of April 151h in the Lobby at the Civic Complex. Staff will be available to speak about the proposed development including land use, servicing, zoning and subdivision of land. Display boards on the proposed development and required studies will also be available for public viewing from April 81h to April1ih in the Lobby. 4.2 Phase Three Hearing Details The Region of York remains a party to the Phase Three hearing again with respect to transportation and phasing issues. The Whitevale and District Residents Association is a party to the Phase Three hearing with respect to the transportation and phasing issues, the compatibility of the proposed subdivisions with heritage lots, and the fiscal impact of the development of Seaton on Pickering. Phase Three is currently split into two parts. The first part will address all non- water resources issues and will commence May 27. The second part, commencing June 17, will address water resources issues and any requisite changes to the draft plans, zoning by-laws and fiscal impact study. The OMB is considering a request by the Toronto and Region Conservation Authority (TRCA) to further split the second part of the Phase Three hearing. The TRCA has asked that only the Master Environmental Servicing Plan Amendment (MESPA) be considered in June, in order to resolve the fundamental outstanding water resource issues. Further, the TRCA has asked that the remaining of the hearing be scheduled at a later date, following a decision on the MESPA phase (possibly September 2013) to deal with the Neighbourhood Functional Servicing and Stormwater Reports (NFSSRs) and any requisite changes to the draft plans, zoning by-laws and fiscal impact study. The OMB will consider this request at a pre-hearing conference scheduled for April 23, 2013. Report CAO 03-13 April15, 2013 Subject: Seaton Community Page 15 Appendix: Appendix I City of Pickering Issues List for the Seaton Community Phase Three Ontario Municipal Board Appendix II Recommended Conditions of Approval for The Seaton Draft Plan of Subdivisions Applications Appendix Ill Draft Zoning By-law for the Seaton Applications to Amend the Zoning By-law Appendix IV List of Applicants, Application File Numbers, and Legal Description of Lands subject to the Applications Attachments: 1. Executive Summary from The Fiscal Impact of the Seaton Community Re: City of Pickering Service Provision, prepared for the City of Pickering, by Watson & Associates Economists Ltd., dated April4, 2013 2. Seaton Development Phasing Plan from the Staged Servicing and Implementation Strategy, prepared by GHD et al, dated October 2012 3. Consolidated Neighbourhood Plan Schedule for Seaton 4. Location of Development Applications Appealed to the OMB 5.a Neighbourhood 16: Lamoreaux: Neighbourhood Plan Schedule 5.b Neighbourhood 16 Draft Zoning Schedule 5.c Location of Applications in Neighbourhood 16 5.d Draft Plan of Subdivision SP-2008-03 and Zoning Amendment A03/08 5.e Draft Plan of Subdivision SP-2008-03 statistics 5.f Draft Plan of Subdivision SP-2008-04 and Zoning Amendment A04/08 5.g. Draft Plan of Subdivision SP-2008-04 statistics 5.h Draft Plan of Subdivision SP-2008-05 and Zoning Amendment A05/08 5.i Draft Plan of Subdivision SP-2008-05 statistics 5.j Draft Plan of Subdivision SP-2008-06 and Zoning Amendment A06/08 5.k Draft Plan of Subdivision SP-2008-06 statistics 5.1 Draft Plan of Subdivision SP-2008-07 and Zoning Amendment A08/08 5.m Draft Plan of Subdivision SP-2008-07 statistics 5.n Draft Plan of Subdivision SP-2008-11 and Zoning Amendment A22/08 5.o Draft Plan of Subdivision SP-2008-11 statistics 5.p Draft Plan of Subdivision SP-2009-13 and Zoning Amendment A 14/09 5.q Draft Plan of Subdivision SP-2009-13 statistics 5.r Draft Plan of Subdivision SP-2009-14 and Zoning Amendment A15/09 5.s Draft Plan of Subdivision SP-2009-14 statistics 6.a Neighbourhood 17: Brock-Taunton Neighbourhood Plan Schedule 6.b Neighbourhood 17 Draft Zoning Schedule 6.c Location of Applications in Neighbourhood 17 Report CAO 03-13 April 15, 2013 Subject: Seaton Community 7.a Neighbourhood 18: Mount Pleasant: Neighbourhood Plan Schedule 7.b Neighbourhood 18 Draft Zoning Schedule 7 .c Location of Applications in Neighbourhood 18 7.d Draft Plan of Subdivision SP-2009-01 and Zoning Amendment A01/09 7 e Draft Plan of Subdivision SP-2009-01 statistics 7.f Draft Plan of Subdivision SP-2009-02 and Zoning Amendment A02/09 7.g. Draft Plan of Subdivision SP-2009-02 statistics 7.h Draft Plan of Subdivision SP-2009-05 and Zoning Amendment A05/09 7.i Draft Plan of Subdivision SP-2009-05 statistics 7.j Draft Plan of Subdivision SP-2009-06 and Zoning Amendment A06/09 7.k Draft Plan of Subdivision SP-2009-06 statistics 7.1 Draft Plan of Subdivision SP-2009-07 and Zoning Amendment A07/09 7.m Draft Plan of Subdivision SP-2009-07 statistics 7.n Draft Plan of Subdivision SP-2009-08 and Zoning Amendment A08/09 7.o Draft Plan of Subdivision SP-2009-08 statistics 8.a Neighbourhood 19: Wilson Medows: Neighbourhood Plan Schedule 8.b Neighbourhood 19 Draft Zoning Schedule 8.c Location of Applications in Neighbourhood 19 8.d Draft Plan of Subdivision SP-2008-12 and Zoning Amendment A23/08 8 e Draft Plan of Subdivision SP-2008-12 statistics 8.f Draft Plan of Subdivision SP-2009-03 and Zoning Amendment A03/09 8.g. Draft Plan of Subdivision SP-2009-03 statistics 8.h Draft Plan of Subdivision SP-2009-04 and Zoning Amendment A04/09 8.i Draft Plan of Subdivision SP-2009-04 statistics 8.j Draft Plan of Subdivision SP-2009-09 and Zoning Amendment A09/09 8.k Draft Plan of Subdivision SP-2009-09 statistics 8.1 Draft Plan of Subdivision SP-2009-11 and Zoning Amendment A12/09 8.m Draft Plan of Subdivision SP-2009-11 statistics 8.n Draft Plan of Subdivision SP-2009-12 and Zoning AmendmentA13/09 8 o Draft Plan of Subdivision SP-2009-12 statistics 9.a Neighbourhood 20: Thompson Corners Neighbourhood Plan Schedule 9.b Neighbourhood 20 Draft Zoning Schedule 9.c Location of Applications in Neighbourhood 20 10.a Neighbourhood 21: Pickering Innovation Corridor: Neighbourhood Plan Schedule 1 O.b Neighbourhood 21 Draft Zoning Schedule 1 O.c Location of Applications in Neighbourhood 21 1 O.d Draft Plan of Subdivision SP-2011-03 and Zoning Amendment A 13/11 10 e Draft Plan of Subdivision SP-2011-03 statistics Page 16 Appendix I to Report CAO 03-13 City of Pickering Issue List for the Seaton Community Phase Three Ontario Municipal Board City of Pickering Issues List Seaton Community Phase Three Ontario Municipal Board Hearing Planning & Design Fiscal Impact 1. Have appropriate financial measures, incentives, agreements and controls been put in place to ensure the Seaton Community does not become a financial burden on the City of Pickering, as set out in section 2.14(c)(vii) of the Pickering Official Plan? If not, should the draft plans of subdivision be approved? Draft Plans of Subdivision 2. Do the draft plans of subdivision conform to, or are they consistent with, as the case may be, all applicable provincial land use planning policy and the applicable provisions of the Planning Act? 3. Do the draft plans of subdivision together with the City's proposed conditions of draft approval, as set out on Appendix II to City of Pickering Report CAO 03-13 conform to and implement Amendment 22 to the Pickering Official Plan and the Sustainable Place-making Guidelines, and do the draft plans of subdivision together with the City's proposed conditions of draft approval represent good planning and development that is in the public interest? 4. Are the widths of pedestrian walkway blocks appropriate? 5. Are the sizes of Neighbourhood parks appropriate and in conformity with the size range of section 11.13 (c) of the Pickering Official Plan? Should a facility fit be required to ensure the parks can be appropriately programmed? 6. Do all Neighbourhood parks have frontage on two local roads as required by section 11.13 (c) of the Pickering Official Plan? 7. Are the Village Greens appropriately distributed through the neighbourhoods in conformity with section 11.13 (d) of the Pickering Official Plan? 8. Are the trailheads shown in appropriate locations in conformity with Schedules VIII, X, XI and XIII and are they appropriately sized to serve as a trailhead? 9. Are the widths of local roads provided in conformity with section 11.29 (d) of the Pickering Official Plan? 10. Are the Gateway Sites appropriately planned and located in conformity with the Pickering Official Plan? 11. Are the lengths of the blocks appropriate and in conformity with block length in section 11.10 (c) of the Pickering Official Plan? City of Pickering Issues List for the Seaton Community Phase Three Ontario Municipal Board Hearing Page 2 12. Are additional mid-block roads and/or walkway blocks necessary to provide for appropriate pedestrian and vehicular circulation in the neighbourhoods? 13. Have alternatives to window streets been thoroughly considered and evaluated? 14. Are terminal views appropriately identified and located in conformity with the Pickering Official Plan? 15. Are appropriate lotting and housing forms provided to allow the opportunity for Mixed Commercial Clusters to be developed in conformity with the Pickering Official Plan? 16. Are the densities and range of housing types for each of the designations in conformity with the Pickering Official Plan? 17. Do the draft plans contribute to achieving the population target for Seaton? 18. Have the draft plans identified means of traffic calming along Whitevale Road as required by section 11.24 (b) of the Pickering Official Plan? 19. Do the lot sizes and setbacks along Whitevale Road west of Sideline 26 provide for an appropriate transition to higher density development located north and south of Whitevale Road in conformity with section 11.66 (d) of the Pickering Official Plan? 20. Do the draft plans provide for appropriate uses, lot sizes, setbacks and built form adjacent to built heritage resources located on heritage lots in conformity with section 11.62 (a) of the Pickering Official Plan? 21. Has there been a study undertaken to determine whether the amount of direct access/driveways proposed is appropriate and can be accommodated on Type C Arterial Roads and Collector Roads as required by sections 12.18 (g), 12.20 (g) and 12.21 (e) of the Pickering Official Plan? 22. Is back lotting onto arterial roads appropriate or are there other design options that could be considered? 23. Has an assessment of intersection and road capacity, including a travel demand sensitivity analysis, been undertaken for the neighbourhood within which the draft plan is situated, as required by section 11.25 of the Pickering Official Plan? 24. Should the draft plans be revised to meet the requirements of the City's proposed zoning by-law, as set out on Appendix Ill to City of Pickering Report CAO 03-13? Zoning By-law 25. Does the City's proposed zoning by-law conform to, or is it consistent with, as the case may be, all applicable provincial land use planning policy and the applicable provisions of the Planning Act? City of Pickering Issues List for the Seaton Community Phase Three Ontario Municipal Board Hearing Page 3 26. Does the City's proposed zoning by-law, as set out on Schedule"?", conform to and implement Amendment 22 to the Pickering Official Plan and the Sustainable Place-making Guidelines, and does the City's proposed zoning by-law implement the draft plans of subdivision, represent good planning, and is it in the public interest? Water Resources Master Environmental Servicing Plan Amendment (MESPA) 1. Does the February 2013 MESPA address previous concerns to the satisfaction of the City of Pickering? 2. Does the February 2013 MESPA meet the objectives of Section 4.6 of the Central Pickering Development Plan? 3. Does the February 2013 MESPA reflect the recommendations of the 2012 Duffins Creek Hydrology Update, specifically, are water quantity controls provided for Whitevale Creek? 4. Has adequate erosion control criteria been established to prevent increased risk of stream erosion? 5. Is the proposed Low Impact Development (LID) strategy presented in the February 2013 MESPA appropriate and feasible to ensure the overall water balance criteria and the erosion control criteria can be achieved given the site conditions, the proposed land use as well as the City's Stormwater Management (SWM) Design Guidelines? 6. Have alternate SWM pond locations been provided in the February 2013 MESPA that were requested by the City of Pickering? 7. Are the Table of Contents for the Neighbourhood Functional Servicing and Stormwater Reports (NFSSRs) submitted in the February 2013 MESPA appropriate? 8. Does the Table of Contents for the NFSSRs reflect the Table of Contents that was agreed to by all parties (Seaton Landowner Group, the City of Pickering and the Toronto and Region Conservation Authority) in June 2011? 9. Has a satisfactory erosion mitigation strategy been developed at the MESPA level, in consultation with the City of Pickering, TRCA, MNR and the Seaton Landowner Group, to ensure that negative impacts regarding the 17 watercourses of concern within the Seaton Natural Heritage System (NHS) are minimized, which was City of Pickering Issues List for the Seaton Community Phase Three Ontario Municipal Board Hearing Page4 previously identified in comments by City staff, such that implementation at the NFSSR stage can be successful? Neighbourhood Functional Servicing and Stormwater Reports (NFSSRs) and Draft Plans of Subdivisions 10. Is the completion and submission of the NFSSRs premature prior to the MESPA being completed to the City of Pickering's satisfaction? 11. Have the NFSSRs been completed to the satisfaction of the City of Pickering as required by Policy 11.73 in Official Plan Amendment 22? 12. Has all the required information stated in the NFSSRs Table of Contents been provided in the submitted NFSSRs? 13. Do the NFSSRs conform to the City's SWM Design Guidelines as required by Official Plan Amendment 22 Policy 11.45 U)? 14. Do the NFSSRs implement the required level of quantity controls, as defined in the 2012 Duffins Creek Hydrology Update; specifically are the unit release rates, and volume requirements applied in the appropriate manner? 15. Do the NFSSRs satisfactorily provide and justify the size and location of the SWM infrastructure blocks, including all related works, specifically taking into account the City's SWM Design Guidelines? 16. Has sufficient slope stability/geotechnical field work, analysis and/or design been completed and submitted in the NFSSRs to justify the location of the development as well as the block locations and design of the SWM pond and/or LID measures noted on the Draft Plans of Subdivisions? 17. Has sufficient groundwater/hydrogeological assessments been completed and submitted in the NFSSRs to justify the design, size and block locations of the SWM pond and/or LID measures noted on the Draft Plans of Subdivisions? 18. Does the development prevent increased risk of flooding and erosion, which is stated as an objective of City Council in Policy 11.37 (k) in OPA 22 and objective 4 in section 4.6 of the Central Pickering Development Plan? City of Pickering Issues List for the Seaton Community Phase Three Ontario Municipal Board Hearing Page 5 19. Have the NFSSRS demonstrated that negative impacts to recharge, erosion, water quantity and quality are minimized as required by Official Plan Amendment 22 Policy 11.73 (i)? 20. Have the NFSSRs demonstrated that negative impacts to the watercourses, wetlands and woodlots are minimized as required by Official Plan Amendment 22 Policy 11.73 (i)? 21. Are all berms and/or embankments within proposed SWM Pond facilities less than 3 metres as noted in the City's SWM Design Guidelines and if not, should the draft plan within which the pond is located be revised? 22. Are all berms and/or embankments within proposed SWM facilities higher than 2 metres but less than 3 metres supported with designs in accordance with the Ontario Dam Safety Guidelines and completed by geotechnical engineers, as per City's SWM Design Guidelines? 23. Have full life-cycle cost analyses been completed to ensure the SWM strategy that was selected represents the lowest life-cycle cost (namely replacement costs) as required by Policy 11.45 (a) and stated as an objective of City Council in Policy 11.37 (i) in Official Plan Amendment 22 as well as stated as objective 6 of section 4.6 of the Central Pickering Development Plan? 24. Has the SWM strategy been selected in consultation with the City of Pickering? 25. Do all major system SWM flow routes have a safe and secure outlet? Have sufficient functional details of the proposed major systems been presented in the NFSSRs as required by Policy 11.73(h) in Official Plan Amendment 22? 26. Does the selected SWM strategy minimize the risk of liability for the City of Pickering? 27. Has an overall erosion sediment and topsoil management control strategy been completed in the NFSSRs as required by Policy 11.73 (p)? J:\Documents\Development\D-11 00\Seaton-OMB appeals\Phase 3 Hearing\Draft Issues List for Phase 3 Seaton OMB Hearing.doc Recommended Conditions of Approval for Appendix II to Report CAO 03-13 The Seaton Draft Plan of Subdivisions Applications Conditions of Draft Approval Plan of Subdivision: S-P-2008-03 Part Lot 25, Concession 3 and Part of Road allowance Between Lots 24 and 25 Concession 3 Zavala Developments Inc. City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by KLM Planning Partnership Inc. identified as Project Number P-1883 revised and dated Feb.25, 2013 which illustrates 172 lots for detached dwelling units, 10 lots for 20 semi detached dwelling units, future residential development blocks, a neighbourhood park block, a village green block, a school block, open space blocks and roadways and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2008-04 Part Lot 23 and 24, Concession 3 Hunley Homes Ltd, 1350557 Ontario Limited, Affiliated Realty Corporation Limited and Chestermere Investments Limited City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by KLM Planning Partnership Inc. identified as Project Number P-1884 revised and dated Feb.25, 2013 which illustrates 157 lots for detached dwelling units, 45 lots for 90 semi detached dwelling units, 23 blocks for 138 townhouse dwelling units, future residential development blocks, a neighbourhood park block, a village green block, two school blocks, stormwater management facility block, open space blocks, buffer blocks, roadways and road widening block, and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2008-05 Part Lot 27 and 28, Concession 4 Zavala Developments Inc. City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by KLM Planning Partnership Inc. identified as Project Number P-1885 revised and dated Feb.25, 2013 which illustrates 190 lots for detached dwelling units, 12 lots for 24 semi detached dwelling units, 30 blocks for 192 townhouse dwelling units, a medium density block for approximately 22 dwelling units, a high density block for approximately 10 dwelling units, a neighbourhood park block, a village green block, open space blocks, buffer blocks, roadways and road widening blocks and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2008-06 Part Lot 26 and 27, Concession 4 Hunley Homes Ltd, 1350557 Ontario Limited, Affiliated Realty Corporation Limited and Chestermere Investments Limited City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by KLM Planning Partnership Inc. identified as Project Number P-1886 revised and dated Feb.25, 2013 which illustrates 5 lots for detached dwelling units, 94 blocks for 560 townhouse dwelling units, two high density blocks for approximately 890 dwelling units, two commercial blocks that may contain approximately 99 dwelling units, a village green block, a school block, a stormwater management facility block, a buffer block, roadways and road widening blocks, and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2009-01 Part Lot 25, 26 and 27, Concession 5 Hunley Homes Ltd, 1350557 Ontario Limited, Affiliated Realty Corporation Limited and Chestermere Investments Limited City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by KLM Planning Partnership Inc. identified as Project Number P-1976 revised and dated Feb.25, 2013 which illustrates 284 lots for detached dwelling units, 27 lots for 54 semi detached dwelling units, 67 blocks for 446 townhouse dwelling units, future residential development blocks, 3 village green blocks, a school block, 3 stormwater management facility blocks, open space blocks, buffer blocks, roadways and road widening blocks, and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2009-02 Part Lot 25, 26 and 27, Concession 4 Hunley Homes Ltd, 1350557 Ontario Limited, Affiliated Realty Corporation Limited and Chestermere Investments Limited City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by KLM Planning Partnership Inc. identified as Project Number P-1977 revised and dated Feb.25, 2013 which illustrates 208 lots for detached dwelling units, 111 lots for 222 semi detached dwelling units, 120 blocks for 814 townhouse dwelling units, two gateway blocks for approximately 142 dwelling units, two commercial/high density blocks that may contain approximately 3129 dwelling units, a future residential development block, 2 park blocks, 3 village green blocks, 3 school blocks, 2 stormwater management facility blocks, a reservoir block, open space blocks, buffer blocks, roadways and road widening blocks, and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2009-03 Part Lot 24 and 25, Concession 5 Hunley Homes Ltd, 1350557 Ontario Limited, Affiliated Realty Corporation Limited and Chestermere Investments Limited City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by KLM Planning Partnership Inc. identified as Project Number P-1978 revised and dated Feb.25, 2013 which illustrates 166 lots for detached dwelling units, 50 lots for 100 semi detached dwelling units, 30 blocks for 182 townhouse dwelling units, future residential development blocks, a neighbourhood park block, 2 village green blocks, a school block, open space blocks, roadways and road widening blocks, and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2009-04 Part Lot 24, Concession 5 Zavala Developments Inc. City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by KLM Planning Partnership Inc. identified as Project Number P-1979 revised and dated Feb.25, 2013 which illustrates 20 lots for detached dwelling units, 2 lots for 4 semi detached dwelling units, 3 blocks for 14 townhouse dwelling units, future residential development blocks, a village green block, and roadways and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2009-11 Part Lot 21 & 22, Concession 4 and Part Lot 21, 22 & 23, Concession 5 Mattamy (Seaton) Limited City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by Macaulay Shiomi Howson Limited, revised and dated March 15, 2013 which illustrates 69 blocks for 576 detached dwelling units, 24 blocks for 288 townhouse dwelling units, 8 blocks for 136 back-to-back dwelling units, future residential development blocks, a park block, 2 village green block, a trail head block, a school block, 5 stormwater management facility blocks, a servicing access block, open space blocks, roadways and road widening blocks, and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2009-12 Part Lot 20 and 21, Concession 4 Mattamy (Seaton) Limited City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by Macaulay Shiomi Howson Limited, revised and dated December 20, 2012 which illustrates 57 blocks for 426 detached dwelling units, 3 village green block, a stormwater management facility block, a pumping station block, a future road access block, an open space block, and roadways and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2009-13 Part Lot 25 and 26 and Part of the Road Allowance Between Lots 24 and 25, Concession 3 Mattamy (Seaton) Limited City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by Macaulay Shiomi Howson Limited, revised and dated March 15, 2013 which illustrates 24 blocks for 227 detached dwelling units, 9 blocks for 109 townhouse dwelling units, 2 medium density blocks for approximately 438 dwelling units, a high density block for approximately 318 dwelling units, future residential development blocks, a village green block, 2 stormwater management facility blocks, easement blocks, walkway blocks, reserve blocks and roadways, and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2008-07 Part Lots 23, 24, 25; and 26 Concession 3 and Part Lots 23 and 24 Concession 4 and Part of Road Allowance Between Lots 24 and 25 1133373 Ontario Inc. City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by GHD. identified as Project Number 03479 drawing DP-5, revised and dated Feb. 2013 which illustrates 1131ots for detached dwelling units, 48 lots for 96 semi detached dwelling units, 28 blocks for 152 townhouse dwelling units, 2 medium density blocks for approximately 46 dwelling units, a mixed corridor block for approximately 293 dwelling units, future residential development blocks, 2 community node commercial blocks, an open space block, reserve blocks, future road blocks and roadways and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2008-11 Part Lots 22, 23, 24 and 25, Concession 4 1133373 Ontario Inc. City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by GHD. identified as Project Number 03479 drawing MLDP-5, revised and dated Feb. 2013 which illustrates 454 lots for detached dwelling units, 90 lots for 180 semi detached dwelling units, 76 blocks for 469 townhouse dwelling units, a future residential development block, 2 school blocks, a park block, a village green block, trail head blocks, open space blocks, a stormwater management facility block, walkway blocks, roadways and road widening blocks and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2008-12 Part Lots 23, 24 and 25 Concession 4 and Part Lots 23, and 24 Concession 5 1133373 Ontario Inc. City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by GHD. identified as Project Number 03479 drawing WDP-5, revised and dated Feb. 2013 which illustrates 361 lots for detached dwelling units, 113 lots for 226 semi detached dwelling units, 85 blocks for 514 townhouse dwelling units, future residential development blocks, a school block, 2 park blocks, an open space block, a stormwater management facility blocks, 2 local node/commercial blocks, 2 commercial blocks, roadways and road widening blocks and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2009-14 Part Lots 24 Concession 3 1133373 Ontario Inc. City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by GHD. identified as Project Number 09088 drawing DP-5, revised and dated Feb. 2013 which illustrates 36 lots for detached dwelling units, 9 lots for 18 semi detached dwelling units, a medium density blocks for approximately 76 dwelling units, future residential development blocks, a school block, a community node commercial block, a walkway block and roadways, and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2009-05 Part Lots 27, 28 and 29, Concession 5 White Sun Development Limited City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by Bousfields Inc, drawing number 0959-106dp (NE), revised and dated October 3, 2012 which illustrates 296 lots for detached dwelling units, 11 lots for 22 semi detached dwelling units, 72 blocks for 397 townhouse dwelling units, 5 blocks for 56 back-to-back dwelling units, a park block, a school block, 3 trail head block/vista blocks, roadways and road widening blocks, and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2009-06 Part Lots 29, 30 and 31, Concession 4 White Sun Development Limited City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by Bousfields Inc, drawing number 0959-108dp SW, revised and dated October 15, 2012 which illustrates 293 lots for detached dwelling units, 92 blocks for 545 townhouse dwelling units, future residential development blocks, a village green block, vista park blocks, a stormwater management facility block, walkway blocks, a future development block, roadways and road reserve blocks, and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2009-07 Part Lots 28 and 29, Concession 4 and Part of Road Allowance Between Lots 28 and 29 Concession 4 White Sun Development Limited City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by Bousfields Inc, drawing number 0959-99dp SE, revised and dated February 9, 2012 which illustrates 227 lots for detached dwelling units, 23 blocks for 160 townhouse dwelling units, a village green block, vista park blocks, a stormwater management facility block and roadways, and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2009-08 Part Lots 30, Concession 5 White Sun Development Limited City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by Bousfields Inc, drawing number 0959-107dp (NW), revised and dated October 3, 2012 which illustrates 331 lots for detached dwelling units, 7 lots for 14 semi detached dwelling units, 3 blocks for 13 townhouse dwelling units, 9 blocks for 106 back-to-back dwelling units, future residential development blocks, a village green block, a walkway block, roadways and reserve blocks, and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2009-09 Part Lots 24, Concession 5 White Sun Development Limited City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by Bousfields Inc, drawing number 0959-101dp (N19), revised and dated February 13, 2012 which illustrates 42 lots for detached dwelling units, 29 blocks for 139 townhouse dwelling units, a village green block, a vista park block, an open space block, a future residential development block, and roadways and road widening blocks, and that incorporates the following revisions: Conditions of Draft Approval Plan of Subdivision: S-P-2011-03 Part Lots 22, 23, 24, 25, 26 and 27 and Part of the Road Allowances between Lots 22 and 23, 24 and 25, and Lots 26, and 27 Concession 5 Ontario Infrastructure and Lands Corporation City of Pickering 1. The Owner shall prepare the final plan generally on the basis of the draft plan of subdivision prepared by planningAIIiance, identified as Neighbourhood 21 Phase 1 Employment Lands, revised and dated March 8, 2013 which illustrates 23 prestige employment general blocks, 7 prestige employment node blocks, 2 heritage blocks, natural. heritage system blocks, stormwater management facility blocks, and roadways and, that incorporates the following revisions: Required revision to all Draft Plans of Subdivisions 1. (continued) • any revisions required to accommodate infrastructure required by the City approved Functional Servicing and Stormwater Report for the associated Neighbourhood • any revision required to accommodate an appropriate school block(s) • any revision required to reflect the requirements of the zoning by-law amendment as approved • any revision required to accommodate the approved Class Environmental Assessment for Regional Services within the Central Pickering Development Plan Area • any revision required to address the issues identified in the Procedural Order for OMB Case No. PL 101016 et al, as agreed to, or by direction of the OMB • any revision required to conform with the City of Pickering's Seaton Sustainable Placemaking Guidelines, including but not limited to, all public lands • any revisions required to accommodate any recommendation resulting from studies required as conditions of approval 2. That these conditions of draft plan of subdivision include all of the conditions listed in the document "City of Pickering Seaton Standard Draft Plan of Subdivision Conditions of Approval". 3. That additional conditions of approval will be established on the detailed lotting and road pattern when the design matters of the major issues noted in Condition 1 above have been resolved. City of Pickering Seaton Standard Draft Plan of Subdivision Conditions of Approval Financial 1. That the Owner implement appropriate measures and financial agreements, such as front-ending agreements, cost sharing agreements and/or development charges to ensure that the approval and development of the plan of subdivision does not cause a financial burden on the City of Pickering. Subdivision Agreement 2. That the Owner enters into a subdivision agreement with and to the satisfaction of the City of Pickering to ensure the fulfillment of the City's requirements, financial and otherwise, which shall include, but not necessarily be limited to all of the City's conditions of approval as issued by the Ontario Municipal Board. 3. The Owner hereby covenants and agrees that this agreement shall be deemed by the parties hereto and their successors and assigns, to constitute "other applicable law" within the meaning of the Building Code Act, S.O. 1992, c23, as amended, or any successor or replacement legislation and the City's Chief Building Official shall not be required to issue, and the Owner hereby covenants and agrees not to request the issuance of, any building permit with respect to the Owners lands or part thereof until such time as the Owner has, in the unfettered opinion of the City, fully complied with all such provisions of the agreement as are capable of compliance prior to construction of dwellings. This provision may be pleaded as an estoppels in any court appliction brought by the Owners to compel issuance of a building permit. Zoning 4. That the implementing by-law for Zoning By-law Amendment Application A XX/XX become final and binding. Street Name 5. That street names and signage to be provided to the satisfaction of the City of Pickering. Development Charges 6. That the Owner satisfy the City financially with respect to the Development Charges Act. 7. That the Owner agrees to submit progress reports for any DC reimbursable items identified through DC credits in a form satisfactory to the City of Pickering. Further, the Owner agrees to abide by the City's requirements for matters dealing with DC credits. 1 Phasing and Development Coordination 8. That if this subdivision is to be developed by more than one registration, the Owner will be required to submit a plan showing the proposed phasing, all to the satisfaction of the City. 9. That the Owner satisfy the City with respect to the disposition of future development blocks and acquisition of abutting severed parcels prior to draft plan registration. 10. That the Owner satisfy the City with respect to arrangements necessary to provide for coordination of services and roads with adjacent lands and any phasing of development that may be required. Architectural Control Guidelines 11. That the Owner, prior to the preparation of the subdivision agreement, shall engage a control architect, to the satisfaction of the Director, City Development Department, who will prepare streetscape/architectural control guidelines to the City's satisfaction, approval all models offered for sale and certify that all building permit plans comply with the City's approved guidelines. 12. That the Owner ensure that the engineering plans be coordinated with the streetscape/architectural control guidelines and further that the engineering plans coordinate the driveway, street hardware and street trees to ensure that conflicts do not exist, asphalt is minimized and all objectives of the streetscape/architectural control guidelines can be achieved. Parks and Village Greens 13. That the Owner convey to the City of Pickering the park block(s) (Block XXX) and the village green blocks (Blocks XXXX) at no cost and in a physical condition acceptable to the City for parkland dedications, to the satisfaction of the Director, City Development, in order to satisfy Section 42(1) of the Planning Act. 14. That the Owner satisfy, to the satisfaction of the City of Pickering, that the Seaton Master Parks Agreement has been entered into and executed that establishes the requirements and process for parkland dedication in accordance with the Planning Act for the Seaton Neighbourhoods. 15. That prior to the City accepting any park or village green block, the Owner shall submit a facility fit plan with full grading information that demonstrates the park or village green block will functions to the satisfaction of the City of Pickering. Second Access 16. That the Owner satisfy the City with respect to providing a second access to XXXXX Road until such time as proposed Street "A" is extended and intersects with an existing street and is open to public traffic. 2 17. That the Owner construct a temporary secondary emergency access at no cost to the City for this draft plan. The temporary access must be in a location and be designed to the satisfaction of the City. However, the subdivider acknowledges and agrees that if there is an opportunity in the future for the development of lands N/S/ENV of Street X in this draft plan, they may eliminate the need for a temporary access to the subject area by utilizing a future road system. Fencing 18. That the Owner satisfy the City with respect to the provision of temporary fencing around the entire perimeter of the subject lands during construction, prior to the commencement of any works. 19. That the Owner agrees to install a fence next to the school, park, village greens, trail heads and walkway block to the satisfaction of the City of Pickering. 20. That the Owner agrees to install a fence next to the open space (NHS), stormwater management block to the satisfaction of the City of Pickering. 21. That the Owner agrees to install a fence adjacent to or backing onto lands having conflicts land uses, such as agricultural, commercial or recreational. 22. That the Owner satisfy the City respecting the provision of appropriate aesthetic details and design of all boundary fencing and noise attenuation fencing in locations recommended by the approved noise study for the subdivision. 23. That the Owner provide a fixed payment satisfactory to the City to provide for the long term maintenance and repairs of items such as enhancements to fences, entrance feature walls, medians that exceed the City's normal standards and which are requested by the subdivider. Noise 24. That the Owner satisfy the requirements of the Ministry of the Environment regarding the approval of a noise study recommending noise control features to the satisfaction of the Region of Durham, and the City of Pickering. 25. That the Owner agrees in the subdivision agreement to implement noise control measures and warning clauses as recommended in the noise report as approved by the City of Pickering. Archaeology Monitor 26. That the Owner submits an archaeology monitor report, preferably of First Nations' ancestry, if available, for any significant mitigative excavation activities, on known pre-contact archaeological sites. The purpose of this monitor would be to work co-operatively with the applicant's licensed professional archaeologist in order to report back on the results of the mitigative excavation activities to interested First Nations to the satisfaction of the City of Pickering. 3 Construction Management Plan 27. That the Owner make satisfactory arrangements with the City respecting a construction management plan, such Plan to contain, among other things: (i) details of erosion and sedimentation controls during all phases of construction and provide maintenance requirements to maintain these controls as per the Erosion & Sedimen~ Control Guideline for Urban Construction; (ii) addressing the parking of vehicles and the storage of construction and building materials during servicing and house construction, and ensuring that such locations will not impede the flow of traffic or emergency vehicles on either existing streets or the proposed public street; (iii) insurance that the City's Noise By-law will be adhered to and that all contractors, trades and suppliers are advised of this By-law; (iv) the provision of mud and dust control on all roads within and adjacent to the site; (v) type and timing of construction fencing; (vi) location of construction trailers; (vii) details of the temporary construction access; Landscaping 28. That the Owner agrees to submit a Landscape Fencing Plan, with respect to the provision of fencing and landscaping, to the satisfaction of the Director, City Development, such Plan shall include a 1.5 metre black vinyl chain link fence next to all open space blocks, as required and/or the location and design of all wood or acoustic fencing. 29. That the Owner submits a street tree planting plan to the satisfaction of the City. 30. That the Owner satisfy the Director, City Development with the submission of a tree preservation plan which will illustrate the protection of trees and other natural features where appropriate, with specific attention to preservation in all pubic open spaces prior to the approval of a preliminary grading plan. Engineering Plans 31. That the Owner satisfy the City respecting the submission of appropriate engineering drawings that detail, among other things, City services, roads, storm sewers, sidewalks, lot grading, streetlights, fencing and tree planting, and financially-secure such works. 32. That the engineering plans be coordinated with the architectural design objectives. 33. That the Owner revise the draft plan, as necessary to the satisfaction of the City to accommodate any unforeseen technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or reconfiguring the roads or lots to the City's satisfaction. 4 34. That the Owner satisfy the City of Pickering for contributions for development review and inspection fees. Easement 35. That the Owner convey to the City, at no costs: any easements as required; and, any reserves as required by the City. 36. That the Owner convey any easement to any utility to facilitate the installation of their services in a location(s) to the satisfaction of the City and the utility. 37. That the Owner arrange at no costs to the City any easements required on third party lands for servicing and such easements shall be in a location as determined by the City and/or the Region and are to be granted upon request at any time after the draft approval. 38. That the Owner satisfy to the satisfaction of the Director, City Development Department any required easement for works, facilities or use rights that are required by the City of Pickering. Stormwater 39. That the Owner satisfy the Director, City Development Department respecting a stormwater drainage and management system to service all the lands in the subdivision, and any provisions regarding easements. 40. That the Owner satisfy the Director, City Development Department for contributions for downstream stormwater management. 41. That the Owner satisfy the Director, City Development Department for design and implementation of diversion of stormwater from off-site lands as proposed in an approved Neighbourhood Functional Servicing and Stormwater Report. 42. An access road for maintenance purposes will be required for all stormwater management facilities, LID measures and the associated outfall for this draft plan. Access road to be as per the City's Stormwater Management Design Guidelines. 43. The Owner shall obtain all required easement or conveyance of lands required for all stormwater management facilities, LID measures and the associated outfall to the satisfaction of the City of Pickering prior to registration of the plan of subdivision. 44. That the Owner agrees that no stormwater management pond will be built and/or preliminarily graded until all permits and/or approvals are received from the City, TRCA, MNR and/or MOE, as necessary. 45. That the Owner agrees that all stormwater management facilities and LID Measures will be designed to conform to the City of Pickering Stormwater Management Design Guidelines and TRCA's Low Impact Development Stormwater Management Planning and Design Guidelines. 5 Grading 46. That the Owner satisfy the Director, City Development Department respecting submission and approval of a grading and control plan. 47. That the Owner satisfy the Director, City Development Department respecting the submission and approval of a geotechnical soils analysis. 48. That the Owner satisfy the Director, City Development Department respecting the authorization from abutting land owners for all off-site grading. 49. That the Owner submits to the City a Landform Conservation Study, if required, to the satisfaction of the City of Pickering. Services 50. That the Owner satisfy the Director, City Development Department respecting construction of roads with curbs, storm sewers, sidewalks and boulevard designs through the submission and approval of a site servicing plan. 51. That the Owner satisfy the City respecting arrangements for the provision of all services required by the City. 52. That the Owner satisfy the appropriate authorities respecting arrangements for the provision of underground wiring, street lighting, cable television, natural gas and other similar services. 53. That the cost of any relocation, extension, alteration or extraordinary maintenance of existing services necessitated by this development shall be the responsibility of the subdivider. Other Approvals 54. That any approvals which are required from the Region of Durham, the Toronto and Region Conservation Authority, Ministry of Natural Resources, Ministry of the Environment or any utility for the development of this plan be obtained by the subdivider, and upon request written confirmation be provided to the City of Pickering as verification of these approvals. MESPA & NFSSR 55. That the Owner satisfy the City of Pickering regarding all matters required by the final Seaton Master Environmental Servicing Plan Amendment, including but not limited to the funding of all restoration projects as recommended in the final Seaton Master Environmental Servicing Plan Amendment and any recommendation of the studies and their supporting reports. 56. The subdivision agreement will provide that road crossings of the NHS shall be in accordance with municipal standards and the final MESPA and NFSSRs. Any restoration of the NHS will be limited to areas disturbed by development construction activities. 6 57. That the Owner submits a revised NFSSR to the City of Pickering based on the final approved MESPA, to the satisfaction of the City of Pickering. 58. That the Owner shall enter into an agreement with the City of Pickering committing to undertake the monitoring program as required by the MESPA and provide a letter of credit to the City of Pickering for the full cost of the implementation of the monitoring program. 59. That the Owner shall agree to implement all water balance/infiltration measures identified in the approved NFSSR. Traffic -Roads 60. That the owner satisfy the City of Pickering respecting the submission of, approval of, and implementation program for the results of, the Hamlet of Whitevale Traffic Impact and Management Study, as generally referred to in section 11.74(c) of the Pickering Official Plan. 61. That the Owner of all draft plans that abut Whitevale Road shall submit a traffic calming strategy to the satisfaction of the City of Pickering 62. That the Owner satisfy the City of Pickering respecting the submission of, approval of, and implementation program for the results of, a Traffic Sensitivity Analysis as required by section 11.25 of the Pickering Official Plan, and shall include: a Traffic Impact Study; an intersection control plan; a traffic signal implementation program; a Traffic Management Implementation Plan; a transportation planning exercise; a Transportation Demand Management Plan; and, a Parking Management Plan. 63. That the Owner satisfy the City of Pickering that appropriate arrangements have been established for the installation of traffic control signals, including all costs, in a time frame acceptable to the City of Pickering, which includes installation of signals in advance of warrants. 64. That the Owner shall install a temporary turning circle whenever a road is to be continued in future developments. 65. That the Owner shall agree that any road connection that traverses the NHS must be acquired, constructed and dedicated as part of the development and be addressed in the subdivision agreement and the design shall maintain, to the extent practical, where not precluded by grading or other servicing constraints, the rural cross section of the historic concession roads. 66. That the Owner satisfy the City of Pickering respecting the submission of a future transportation study as required by section 11.7 4(b) of the Pickering Official Plan .and the Owner acknowledge and agree that any lands that are outside the Phase I lands identified in the Stage Servicing and Implementation Strategy shall be subject to a holding zoning provision. 7 Closed Roads 67. That the Owner make appropriate arrangements for the conveyance of any City owned surplus closed road allowances, including the preparation of all required survey works, to the satisfaction of the City of Pickering. Model Homes 68. That the Owner enter into a model home agreement with the City, if applicable for this draft plan. All model homes must satisfy all requirements architectural control guidelines. Trail Heads 69. That the owner construct to the satisfaction of the City of Pickering all trail head within or abutting their draft plan to the satisfaction of the City of Pickering. Fire 70. That the Owner agrees that no development will proceed on any land until adequate services are available including adequate water pressure to the satisfaction of the City's Fire Services Division. 71. That the Owner provide a fire break plan and other fire prevention measures to the satisfaction of the City of Pickering. Development Block 72. That the Owner satisfy the City of Pickering with respect to the disposition of future development block and acquisition of abutting severed parcels prior to draft plan approval. This may require properties merging on title and that no building permit shall be requested until any land assembling has been completed to the satisfaction of the City of Pickering. Canada Post 73. That the Owner, through the approval of a Utility Coordination Plan for the location, is to enter into an agreement with Canada Post Corporation for the provision of a Community Mailbox including technical specifications and financial terms. 7 4. That the Owner agree to determine and provide a suitable temporary Community Mailbox location, if required, to the satisfaction of the City of Pickering. Heritage Lots 75. That the draft plan be appropriately revised surrounding any abutting heritage lot as identified on the Neighbourhood Plan, to the satisfaction of the City of Pickering, to ensure a proper relationship between the heritage property and the new development. This revision may include a modification to the lotting and/or road pattern and may result in a different dwelling form and loss of lots. 8 76. That the applicant submits a Pre-Condition Survey for any abutting residential dwelling or heritage structure that are located within 30 metres of the limit of development of the draft plan. The findings of the study and survey must be prepared by a qualified professional and should be undertaken prior to any earthwork or construction the subject property. Lapsing 77. This draft approval shall apply only for a period of three years from date of issuance and shall laps unless extended by the City/OMB upon request be the owner. Placemaking Guidelines 78. That the Owner shall revise all plans to conform with the City of Pickering's Sustainable Placemaking Guidelines, including but not limited to, all public lands to the satisfaction of the City of Pickering. Plan Revisions 79. The Owner acknowledge and agree that the draft plan of subdivision and associated conditions of approval may require revisions, to the satisfaction of the City of Pickering to implement or integrate any recommendation resulting from studies required as conditions of approval. 80. That the Owner revise the draft plan, as necessary to the satisfaction of the City to accommodate any unforeseen technical engineering issues which arise during the review of the final engineering drawings. Required revisions may include reducing the number of residential building lots or reconfiguring the roads or lots to the City's satisfaction. 81. That the Owner agree to implement the requirements of all studies that are required by the City of Pickering for the development of this draft plan of subdivision to the satisfaction of the City of Pickering. Timing 82. That the owner, agree in the subdivision agreement that it will not commence any construction works (including site servicing, topsoil stripping and grading) on the subject property until the works required for the construction of the regional services for service the subdivision have commenced. Endangered Species Act 83. That the owner satisfy the Endangered Species Act prior to any site alteration and the City be provided by the Owner with confirmation from the Ministry of Natural Resources of their approval. 9 Agreement Clauses 84. The subdivision agreement between the Owner and the City of Pickering shall contain, among other matters, the following provisions: 85. That the Owner agrees to include provisions whereby all offers of purchase and sale shall include information that satisfies Subsection 59(4) of the Development Charges Act, 1997; 86. That the Owner agree not to initiate a marketing campaign or take any offers of sale and purchases or take any reservations of lots until the final Seaton Master Environmental Servicing Plan and the Functional Servicing and Stormwater Report for the associated Neighbourhood have been approved by the City of Pickering and the land needs for the stormwater management facilities have been accepted by the City of Pickering; 87. That the Owner agrees to implement those noise control measures recommended in the noise report required in Condition X; 88. That the Owner agrees to carry out, or cause to be carried out, to the satisfaction of the TRCA, the recommendations of the technical reports referenced in Condition XX; 89. That the Owner agrees to agree to, and implement, the requirements of the TRCA's conditions in wording acceptable to the TRCA; 90. That the Owner agrees to design and implement on-site erosion and sediment control; 91. That the Owner agrees to maintain all stormwater management and erosion and sedimentation control structures operating and in good repair during the construction period, in a manner satisfactory to the City of Pickering, TRCA and/or MNR; 92. That the Owner agrees to obtain all necessary permits pursuant to Ontario Regulation 166/06, as amended, from the TRCA; 93. That the Owner agrees to erect a permanent fence, to the satisfaction of the City of Pickering and TRCA, along the boundary of the development blocks and the publicly owned natural heritage system; 94. That the Owner agrees to commit to provide appropriate information to all perspective buyers of lots adjacent to the publicly owned natural heritage system through all agreements for purchase and sale, sales information, and community maps to ensure that the land owners are well informed that private use and/or access to the open space blocks shall not be permitted, and reflect the intent of the following: "The open space adjacent to the subject property is considered to be part of the publicly owned natural heritage system and will be maintained for environmental protection, and public use purposes. Please note that uses such as private picnics, barbeque or garden areas; and/or the dumping of refuse (e.g. grass/garden clippings household compostable goods, garbage etc.) are not permitted on these lands. In addition, access to the valley corridor such as private rear yard gates and/or ladders are prohibited." 10 95. That the Owner agrees to include provisions whereby all offers of purchase and sale shall include information that for all dwelling units with a single car garage that the City's by-laws require two parking spaces for the dwelling which have been provided, one in the garage and one in the driveway and that the City's by-law restricts the width of the driveway to a maximum size width which does not allow two cars parked side by side. 11 Draft Zoning By-law for the Seaton Applications to Amend the Zoning By-law Appendix Ill to Report CAO 03-13 Table of Contents Draft-April 3, 2013 TABLE OF CONTENTS 1.0 ADMINISTRATION .............................................................................................. 5 HOW TO READ AND USE THIS BY-LAW ............................................................................ 5 1.1 TITLE ................................................................................................................... 6 1.2 APPLICATION............................................................................ . ...................... 6 1.3 PURPOSE.............................................................................. . ..................... 6 1.4 REPEAL OF FORMER BY-LAWS............................................ . ......................... 7 1.5 EFFECTIVE DATE........................................................... . .......................... 7 1.6 CERTIFICATE OF OCCUPANCY.................................... . ...................... 7 1. 7 CONFORMITY AND COMPLIANCE................................ . ................... 7 1.8 ENFORCEMENT . . . . ............. .... ... . . .. ..... .. .... .. .... ... . ............... 7 1.8.1 Administration......................................... . ........... 7 1.8.2 Penalties............................................. . ...... 7 1.9 SEVERABILITY....................................... . ... 8 1.10 ESTABLISHMENT OF ZONES................ . ................................. 8 1.1 0.1 Zones.............................................. . ...................................... 8 1.1 0.2 Location of Zone.................................. . ......................................... 9 1.1 0.3 Special Zone Symbols .. :.··;....................... .. ......................................... 9 1.1 0.4 Density Provision ....... ·'\·'-'~~: .•• ,;0•••••••••••••••••••• • •••••••••••••••••••••••••••••••••••••• 9 1.11 INTERPRETATION ................. J .. ;-I.-~~:0[j~;;~'•'iv:~:.··.......... .. ................................. 9 1.11.1 Zone Boundaries ............ ;:;,, ....... :::i""::r:,.~.............. .. ............................... 9 ~ : ~ ~ : ~ ~:=~~f;:~g~,;ijl~~i;~ii~~:·i!?,(:~:: ;:;:'~i:•i''"~;;,cfry~;;: : :::::::::::::::::::::::::::::::::: i ~ 1.11.4 ReductiR?.:o[l:o~}\rea Due 'T'cLf!;ublic Acquisition or Conveyance ............. 1 0 2.0 GENERAL~~GlJLATI0~.; ............ \'.:.} .............................................................. 11 2.1 PROHI~IJ~blJSES ....... llli~~;;I. .............. \·;¥'~~'·.· .......................................................... 11 2.2 HUMANl:JABITATION f\JPT·VV,l~HJN~~INBL)ILDINGS ............................................... 11 2.3 FRONTAG'E'ONA STREET;, ... ~.( .. ;:~:,~;;,.• •. :: ............................................................ 11 2.4 PuBLic usESP6R.KilinED IN ,A,L.LzoNEs .............................................................. 11 2:§ ":WI~§&f3:;l(T1Lrfif?"~!=.~MITTED IN ALL ZONES ......................................................... 12 2;!3·• PERMITifi:Q,:)'ARD~N%f<OACHMENTS ................................................................... 12 .. 'f:? LEGAL N68~G<?NFORfx11~~ USES ......................................................................... 12 .· ' 2.8 LEGAL NoN::9gtvJPLYING.BUILDINGS OR STRUCTURES .......................................... 13 · 2.~ LEGAL NON-OB,~PLYING LOTS ............................................................................. 13 "j:W~ .§:~~~~~T~~~l_~~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ 2.12 .§[\TELLIT~.·p1~H ANTENNA ................................................................................ 14 2.13 A~s:;.q§.§.~~~{DWELLING UNIT ............................................................................ 14 2.14 HoM.~TI§ASED BUSINESS ................................................................................... 14 2.15 ACCESSbRY BUILDINGS AND STRUCTURES ........................................................... 15 2.16 STANDARDS FOR DETACHED PRIVATE GARAGES ACCESSED BY A DRIVEWAY FROM A STREET ................................................................................................................... 16 2.17 STANDARDS FOR DETACHED PRIVATE GARAGES ACCESSED BYA LANE ............... 17 2.18 STANDARDS FOR ATTACHED PRIVATE GARAGES ON LOTS ACCESSED BY LANES. 17 2.19 STANDARDS FOR ATTACHED PRIVATE GARAGES ACCESSED BYA DRIVEWAY FROM A STREET ...................................................................................................................... 17 2.20 COACH HOUSES .................................................................................................. 18 Seaton Area Zoning By-law 1 Table of Contents Draft-April 3, 2013 2.21 LIVE WORK UNIT ................................................................................................. 18 2.22 MODEL HOMES ................................................................................................. 19 3.0 PARKING REGULATIONS .................................................................................. 20 3.1 PARKING SPACE REQUIREMENTS ........................................................................ 20 3.2 PART SPACES ................................................................................................... 23 3.3 PARKING FOR MULTIPLE USES ON ONE LOT ........................................................ 23 3.4 SIZE OF PARKING SPACES AND AISLES ............................................................... 24 3.5 SETBACKS OF PARKING SPACES AND LOTS............................... .. .................. 24 3.6 STANDARDS FOR PARKING PADS........................................... .. ................... 24 3.7 PARKING AND LOADING WITHIN YARDS............................... .. ....................... 25 3.8 PARKING SPACE USES................................................. .. ...................... 25 3.9 RESTRICTIONS ON VEHICLES IN A RESIDENTIAL ZONE. .. .................. 25 a) Number of Vehicles............................................. .. .............. 25 b) Size of Vehicles ............................................... ~........................ .. ........... 25 c) Location of Vehicles ..................................... { ... {.......................... . ....... 25 c) Inoperative vehicles: ............................. ,~i,m,~.................................... .. .. 25 d) Construction Vehicles ....................... ,,A]0:: .. : .............. 1.J?,:····.................. ... 26 3.1e~ ~~~~~~ ~~:~c~~~~-~-:::::::::::::::::::::::: :'::;:~\;~:~;,:::::: ::.;:}i·l:fi:~~:::::::::::::::::::::::::::::::::: ~~ 4.0 RESIDENTIAL ZONE REGULATIONS ........ ~~~ .. ig~')t~.r.· ........................................ 27 4.1 USES PERMITTED ............... ,,._'.,:(;,,.,, .................. ~:~·;{.h.,, ....................................... 27 4.2 LOW DENSITY TYPE 1 {LD1) ZQ)t>JE.!3Rc:).Y!SIONS ....... :::<?[;~·'': .................................. 28 4.2.1 Lot and Building RequireiJl.~pts·by/E31.1iJdiQg Type::;.,~.f0~.F .............................. 28 4.2.2 Additional Provisions ...... -\'.k:·········~:.~,.;,{ .. :E,Jc,,.,,;,:····: ................................... 29 4.3 LOW DENSITY TYPE1, HERITAGE,J.iQT "L[:),1~HL" PRO/.f1$10NS ............................... 29 4.4 Low DENSITY IXF\~~0;."[owNHou$.~J~[>J=T) ZONE PROVISIONS ......................... 30 4.4.1 Lot andJ~\Jrldihg ~~g~irement!?)~{Building Type ........................................ 30 4.4.2 Addi!.igr;iaiProvisidfi§~ .............. ',·fj~;, .............................................................. 30 4.5 LOW gE:f,JSITY TYPE 2 {k£)2) ZONE PRQ~I§IONS ................................................... 31 4.5.1 Ldt~bJ:l. Building .~~~l.!i[~.Q:l~JJts by;E31Jilding Type ........................................ 31 4.5.2 AddiHo~fj-~J.prgyi~ibrl's~~;~3:'{~;rc~'~~~Rf~i·,: ............................................................. 32 4.6 .· l.qW DENSITY;"Ji~'J;>E:•2-MULTIPLE {LD2-M) ZONE PROVISIONS ............................. 33 _LF~)jr·.~a,t~c:tpd BlJi[~f!JgRequirements by Building Type ........................................ 33 ;[~:6.2·· Add)Ji<?Ral Pr6~i§tg.ns .................................................................................. 34 / :¥L 7 MEDIUM DE~$.1TY-8E:JA9HED & SEMI {MO-DS) ZONE PROVISIONS ..................... 35 <~, , 4.7.1 Lot and~.~iJding Reguirements by Building Type ........................................ 35 ·•;,~' ;:;~· 7.2 Additiona[}~iovisions .................................................................................. 36 . 4-~\MEDIUM DEN~"[~-MULTIPLE {MO-M) ZONE PROVISIONS .................................... 37 · 4:.~}1 Lot and §tJikling Requirements by Building Type ........................................ 37 4.8,f:;;·~ddit!pQ'~PProvisions .................................................................................. 38 4.8.3::.f:\~.9iti9nal Apartment Provisions ................................................................. 38 4.9 HIGH,rQ~N,SITY {H) ZONE PROVISIONS .................................................................. 39 4.9.1 Lofand Building Requirements by Building Type ........................................ 39 4.9.2 Additional Apartment Provisions: ................................................................ 40 4.1 0 EXCEPTIONS .................................................................................................... 41 5.0 MIXED USE ZONE REGULATION ...................................................................... 42 5.1 USES PERMITTED ............................................................................................... 42 5.1.2 Additional Use Provisions ........................................................................... 43 5.2 MIXED CORRIDOR TYPE 1 {MC 1) ZONE PROVISIONS ............................................ 44 Seaton Area Zoning By-law 2 Table of Contents Draft-April 3, 2013 5.2.1 Lot and Building Requirements by Building Type ........................................ 44 5.2.2 Additional Provisions .................................................................................. 45 5.2.3 Additional Apartment Standards ................................................................. 45 5.3 MIXED CORRIDOR TYPE 2 (MC2) ZONE PROVISIONS ............................................ 46 5.3.1 Lot and Building Requirements by Building Type ........................................ 46 5.3.2 Additional Provisions: ................................................................................. 47 5.3.3 Additional Apartment Provisions: ................................................................ 48 5.3.4 Additional Commercial Building Provisions:........................ . ..................... 48 5.4 MIXED CORRIDOR TYPE 3-GATEWAY SITES (MC3) ZONE ................ 49 5.4.1 Lot and Building Requirements by Building Type........ . ...................... 49 5.4.2 Additional Apartment Provisions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................... 50 5.4.3 Additional Commercial Building Provisions:........ . ..................... 50 5.5 MINOR COMMERCIAL CLUSTERS-(MCC) ZONE .................. 51 5.5.1 Building Types and Related Standards ....... /,,,... ............... . ............. 51 5.5.2 Additional Provisions: .............................. ,c;;".:;:?....................... . ......... 51 5.6 LOCAL NODE (LN) AND COMMUNITY NODE (Gt-;J},:...zoNE PROVISIONS... . ..... 52 5.6.1 Building Types and Related Standarc#.}..... ........ ... .. . . ................... .. . . 52 5.6.2 Additional Apartment Provisions: .,A~;~C···············:.di'~L:,........................ . .... 53 5.6.3 Additional Commercial Provisions: .. :~,.".: ....•....... _.,·,;\··f·'·:· .................................. 53 5.6.4 Exceptions: ......................................... >.;,.: ....• ~.::,.,;: ....................................... 54 5.7 COMMUNITY NODE-PEDESTRIAN PREDOMINANt.~·R~A (CN-PP)-ZONE PROVISIONS ·······························~f:·hi·i~'"'·.:·················O:·:.\,.~:~;••.;······································ 55 5.7.1 Building Types and Rel9t~(j·~1~n9c:trd~ ............ ,; .. :·:·:·································· 55 5} i L~~~~~~~:: .~~~rt~.~~~~~~¥tf;.~~;~,;l'~t!+1;;,,;{;;,, ''ft· • ·• •• •• •• ·• •• •• •• •• • •• •• • ·• •• •• ~~ 6.o EMPLOYMENTj~f{eA(zgNE REGu;~i\-ftoN ...................................................... sa ~:~ ~~~[j~ff~~:~~~E~:~~;~~~i~,: • : : : :: :: : : : :: : : : : : : : : :: : ::::J~ 6.4.1 Lot anCI~9.l19J~g Requirements.".: ................................................................ 61 .9.,~:g~:~Ac:Jg.itional!;t()Yisions: ................................................................................. 61 .• /.9:4:3· R[~~ljge EmpJqyl)lent-Heritage Lot "PE-HL" Provisions ........................... 62 !:Bi4 EXCEPTIQ'~~l~······:;·?.~;\}';.···················································································· 62 ·"''7~0 COMMUNITY·USE ZONE;REGULATIONS ......................................................... 63 'i:.:z;J USES PERMifl~£? ............................................................................................... 63 '7:f2:; COMMUNITY U.$3~•(CU) ZONE-ZONE PROVISIONS ............................................... 63 7,~!.1 Lot and ~~gilding Requirements ................................................................... 63 7.J.~!~fi/il\ir~,~~~;~~;···:·.·· •.• .•..•• :.•.·.:.·.•:·.·················· ·•·•·•· •·••·•·• .•.• ·•·•· E "'--,:-::_'']"- 8.0 NATURAL HERITAGE AND OPEN SPACE ZONES ........................................... 55 8.1 USES PERMITTED ............................................................................................... 65 8.2 OPEN SPACE (OS) ZONE-ZONE PROVISIONS ..................................................... 66 8.2.1 Lot and Building Requirements ................................................................... 66 8.2.2 Height Maximum .......................................................................................... 66 8.2.3 Additional Provisions: ................................................................................. 66 8.3 EXCEPTIONS: ..................................................................................................... 66 Seaton Area Zoning By-law 3 Section 1.0 Draft-April 3, 2013 1.0 ADMINISTRATION How to Read and Use This By-law This introduction explains how to read and use this Zoning By-law and is solely for the purposes of assisting the reader. Readers unfamiliar with zoning by-laws are encouraged to read this introduction. This introduction does not constitute a legal part of this By-la:vw:; . . ,·< ',:~<·:'\:c; All properties within the boundaries of this zoning By-laY"QaVe.a zone associated with them as shown on the maps in Section 12. Each ~pne is subj!3ct to requirements and restrictions. These requirementsand restrictioflsar~ found in Sections 4 through 9. These Sections are differeQfiated based on fivet:>road land use categories-Residential, Mixed Use, EITJployh1ent, Community Usectbcl Natural Heritage and Open Space. · · · · "<·:-~ -~~-<'-'----:-__ <_)XC-> - Within each Section/land use category, multiple'zpne~~re described. At the beginning of each Section 4 through 9, the permitt~d~uses for each zone are laid out in a table format, with any qLJcilifi~(;ltions number~ciwithin the table and listed directly following the table. ·· · .· .. ..·· · .·· Following the table of permitted u!~~}.ea~~~~ggc(;'~qti'J~~";~table setting out minimum and maximqm .(!3guirementsfp~ {ots and i:Jui/clings addressing such matters as lot area,fqtfrohta,f]e, yards~t~acks, building height among others. In the residential ap~·mlxed u'se?one cat~~gries, these requirements are set out according to differ~nt buildin.{:[types. In the other zone categories, these requirements~re generally$~{aQc.<:>rding'fa]he zone. Site sp~~jTicpr~~~~~n~·~~~~~;~~~~JT~r: detailed following the provisions of each zone. > . . .. ·J~~~~~itiontot~~~~qe :~~Ji(i~ requirements and restrictions, a number of · g~neral provisions~?pply to development in all zones. These general provisions ar~:!)~t out in Sectiq;l]:f and address such general matters as yard en'crq;c;:tc;hments, leg1alnon-conforming uses, garages and accessory buildings, swimrnj("lg.pools ~o,qbther accessory structures, accessory dwelling units, and home-bas~c[.f:y§iqesses among others. Section 3 ~~:~i~~s parking regulations that also apply to development in all zones. The recommended process to verify the zoning applicable to a property is to: a) Locate the property in the maps in Section 12 and identify which zone it is in; Seaton Area Zoning By-law 5 Section 1.0 Draft-April 3, 2013 b) Determine which Section /land use category in the by-law that the zone is contained in (ie. Section 4 Residential); c) d) e) f) Review the permitted uses applicable to that zone that are contained in the "Uses Permitted" table at the beginning of each Section 4 through 9; Review the zone provisions applicable to that zone that are contained in the "Lot and Building Requirements" table in the second subsection of each Section 4 through 9; Review any applicable site-specific zones contained wiJ[Iin;Sections 4 through 9; Review the general provisions and parking regulatidn~i'ir).Sections 2 and 3; and " ·.··· · ' "' ~ --" g) Contact the city to ensure up-to-date informatiqkand whetH~rtiJe property is subject to any variances. · · · 1.1 Title This By-law may be cited as the "Seaton z6riiHg~y-1!3W";}~~ference to "zoning By-law" and "this By-law" within this document stjaJ[!]'lean the "Seaton Zoning By-law", unless otherwise specifi~d~. " · · 1.2 Application This By-law is intended to apply tol~~$eat~lf'l.f~B~qif\r~~in the Corporation of the City of Pickering fhm~.r~boundect\'IJY1!HeC.P. Railllne to the south, the West Duffins Creek to ~b~,\llfest,· ~Jgpway 7 tq;tl"le north and Sideline 16/ the Pickering- Ajax boundaryJ£>fhe east aqgalso indU~jng lands approximately 600 metres north of HighV\f~¥7 and we~f§f North Rd~g and approximately 1.1 km north of Highway 7 antt~~.~t of ~ig~Jil)er;§g,c"'• ·· The .§ytl~vv V\fill b~'~ppli~~~o th~ a~~~~}~~ted Seaton Urban lands through a111~~dmenfqr~~ draffi5,1.~J1s of subdivision are approved. The lands to which t!J!§hy-law cufr~~tly apply~ye shown on Schedule 1. The provisions of By-law '~J)37 shall continij~J() applytqthe lands within the Seaton Urban Area that are · r16tshown on Schedule 1. ·· ·· De~:pit~tre bound~~hoted above, the By-law does not apply to lands within the Hamlets·~ofBrough.'J:~. rT1, Green River or Whitevale. ---. - ');)~?:!·'~<'~ :.; 1.3 Purpose The purpose of this By-law is: a) to regulate the use of land, buildings and structures, and to regulate the construction and alteration of buildings and structures by statutory authority granted by the Ontario Planning Act; and Seaton Area Zoning By-law 6 Section 1.0 Draft-April 3, 2013 b) to implement the policies within the Pickering Official Plan pertaining to the Seaton Urban Area. 1.4 Repeal of former By-laws The provisions of By-law 3037 of the City of Pickering, and the associated amendments, are repealed in the areas that are covered by this By-law as shown on Schedule 1. 1.5 Effective Date This By-law shall come into force the day that it is pas~~~rif~6!,~ppeals are received. If appeals are received, the appealed portiohs shall c'or]"le into force when all such appeals have been withdrawn or fi11ally disposed ofat(ctthe rest of the By-law shall come into force the day the Byd~W'is passed. · ·· · · .-~ -:-' ; : C' Certificate of OccupancyJ·r ; 1.6 a) No person shall change the type of ui~c>Jc:ti1Y)~h8, building or structure in the area defined by this By~law without obtC:liQipg a certificate of b) occupancy. > ;' , . Certificates of occupancy ·~~~~Undt6eJE3q~i,~edi~f?f~'sidential uses, other than group homes, home occr.Jpation~;.bedapggreakfast establishments and the introduQtiqn of a secdfia.s~ite:. ·. ·· · · · conformif~··~·~·~!·com ~W~~ce 1.7 a) No pe(~~tj'shall us~ .• ~~Y land, building or structure, or erect or alter any building G/"~truct~r;e,:,;a,tt£?r)R~·P·<?:~.~~ge of this By-law, except in conformity and compliaf1'cE3 WiHi the provisions of this By-law . • J"f,,c-<,'"_'c.?,:';:,· ~~ '; " ':.:.:· 'c\i;-_:c- b)/c;''; Kf6tfirii91ipkJhis··sy~l~\,\/ exempts compliance with other by-laws, legislation or the r~q0i~§menflp'p9tain any license, permission, permit, authority or approval reqgj[ed by> this By-law, any other by-law or any other legislation. ·~·:~~1m~.Enforce~int 1.8.1 ~illii.iDiSt~~fl~~ The Chi~f~&h~]~g·Officer of the City of Pickering or his or her designate administers ttlis By-law. 1.8.2 Penalties Any person who contravenes this By-law is guilty of offence and liable to fines under the Planning Act. This includes a director or officer of a corporation who knowingly contravenes this By-law. Seaton Area Zoning By-law 7 Section 2.0 Draft-April 3, 2013 2.0 GENERAL REGULATION 2.1 Prohibited Uses With respect to any lands to which this By-law applies, all uses are prohibited unless specifically permitted in this By-law. 2.2 Human Habitation Not Within Main Buildings.· .. J';;\~ ' No truck, bus, coach, street car body, railway car, major recreationa,l.egl.iipment or other motor vehicle shall be used for human habitation whether or not th~~ame is mounted on wheels or other forms of mounting or foundations. 2.3 a) b) 2.4 Frontage on A Street . ---· -··· - No Jot shall have built upon it a building for any purpose in any zoneGI11~§~ the lot abuts a street for a minimum of 4.5 metres .• H()\11/ever, wh.ere a lot is sepa"f:§t~d from a street by land owned by the City, the Regi()(l;qf Durhal]j?Jthe Province ofOntario which land is held by such public agency fOrfl.ltl.Jre rqadwidening purposes or as a 0.3 metre reserve, a building may be erected uporl~l.Jqf{/ot if registered rights-of-way giving access to a street have b~~g.granted and s~~.haccess scheme is part of a development agreement pursua·v1a9t.h~ Planning Act/i: Where a building is developed a~&~tjng~~~~~t\'"Y:I\O:~tf&iing a common area or common element as part of a condoll]Iniur:nregister~?under the Condominium Act such driveway shall peg~erned to be.~§t[eet for purposes of applying the provisions of this By-law. ·· · · · ···· · . · · · Public Us~~r;ermitt~~ In Atli~anes a) Notwithstandin~~I)Ytbil)ge'i~~ii~fhig@y~la~,the City or Region of Durham or any of their l<?g~t.9oc:1rds asq~fit1ed in The Municipal Act, any communications or transportation sys~efu ownecl·oroperat~cj by or for the City or Region of Durham, and any agency of t.hefederal orPtgyipciaiGgv~rnment, may, for the purposes of the public service, use ?pY land or erectt>t.Yl:?e any:byilding or structure in any zone subject to the use or · baifciing or structure.~<3jng in compliance with the most restrictive regulations contained irisqshzone for any\use and the parking requirements of Section 3 of this By-law, for suchu~.e. Any buifc/irlgs erected or used in a Residential Zone under the provisions of this Sectiqn, shall,!)~ designed so as not to intrude into the residential character of the area. -~~-r~;~~~;~ ~~ D-:~,~ ~ b) This exemption for use in any zone shall not apply to: i) the Natural Heritage System (NHS) Zone except for the uses otherwise permitted in the NHS Zone; ii) permit any outdoor storage, or a waste transfer or waste processing facility; or iii) any land or building used by any local School Board, University or College. Seaton Area Zoning By-law 11 Section 2.0 Draft-April 3, 2013 2.5 Linear Utilities Permitted in All Zones a) Notwithstanding anything else in this By-law, a utility company including Veridian, Bell, Rogers, Telus, Hydro One, Enbridge and other similar utility company may use any land or erect or use any building or structure in any zone for the purpose of a linear utility subject to the building or structure being in compliance with the most restrictive regulations contained in such zone for any use and the parking requirements of Section 3 of this By-law, for such use. Any building or structure erected or used in a Residential Zone under the provisions of this Section, shall be designed so a§J10t to intrude into the residential character of the area. · · .. · b) This exemption for use in any zone shall not apply to: o. <' " ..... i) the Natural Heritage System (NHS) Zone except forthe uses'otherwise permitted in the NHS Zone; .......... · · ·· · · ·· ii) permit any outdoor storage or works/mainten53n9~yards; or ....... . iii) permit any land or building to be used for administrative offices, refailj)yrposes, or vehicular or equipment maintenance. ··· · · · · · · ;~ " ,'--:-·-c -.J->:--.-- 2.6 Permitted Yard Encroachments(<. No part of any required yard shall be ob.structed exce~fli~i~l~~lows: a) Projections such as window sills,;·sHilj111~~breasts, 5ertc:purses, cornices, eaves, eave troughs and other similar architecWral featyrr:§;!pay be R~·~Titted in any required yard, provided that no such feature proje.cts into tb~;f~q·utr~d yard more than 0.6 metres or half the distance of th~.r~quired yah:i,whipb¢ver fs IEts§i> b) c) d) e) f) 2.7 a) b) A fire escape or e~!~ti&t'gta)J?ase m~y~?~~troach into··~ required side yard or rear yard 1.5 metres or haJMt'le distc:rn§e of the reqyired yard, whichever is less; An unenclos~4r~rnp for wh~~lchair acc~~smay encroach into any required yard; A porch or dedR.rp(3Y en~rp"att1·iqto ~nyre~Dlred yard to a maximum of 1.5 metres or half the distanceq[th~.'[~qllireayard,whichever is less; A b;;JI9QfiYI!I9'1 enctb:~gb into any required yard to a maximum of 1.0 metres, except iqtcfa reqbireCI.§[pe yarc:f\fvhere it shall encroach not more than one-third of its width or .to·metres, wHicN~\/er is~~~~.; and .·~;Abay window or·a:{&ove, without foundation, having a maximum width of 3 metres may eq~rpach into any ·r~quired yard to a maximum of 0.6 metres or half the distance of the reqwir~.d yard, whic:l1?.ver is less. "-----; __ ,______ t'-;:·;_-; Leg·~,f~.NQn.-~~;~forming Uses A legal no~~g~Wtorming use is a use of land and/or building that legally existed on the date this By-law came into effect under the Planning Act. To be legal, the use must have been permitted on the lands in the zoning by-law that was in effect before this By- law came into effect or if it was established before the first By-law for the City of Pickering or the By-law for the original Township was passed. This By-law shall not prevent the use of any land, building or structure for any purpose prohibited by this By-law if such land, building or structure was lawfully used for such Seaton Area Zoning By-law 12 Section 2.0 Draft-April 3, 2013 purpose on the day of passing of this By-law, and provided that such land, building or structure continues to be used for that purpose. Legal Non-Complying Buildings or Structures 2.8 a) A legal non-complying building or structure is a building or structure that was legally erected in a location it was in when this By-law came into effect under the Planning Act. To be legal, the location of the building or structure must have been authorized on the lands in the zoning bylaw that was in effect before this By-laVIf came into effect, or if it was erected before the first by-law for the City of Pickering qrtbe by-law for the original Township was passed. c) 2.9 A non-complying building or structure which existed l~g~fl9t"JtrilirJqthe passing of this By-law may be enlarged, repaired, renovated or rec()nslructed pr()\tided that the enlargement, repair, renovation or reconstructiog;' ,~ '<p0, i) does not further increase the extent of a qqh-"bbmpliance with a mirl[r'l;:lum yard setback requirement; and < , / ·· , ii) complies with all other applicable provisjgll§, of this,Jj}y.:r~w. Legal Non-complying Lpts A lot which existed legally prior to the eff~thy~g(;lte of thi~''Ei~71~\N· that does not meet the lot area and/or lot frontage requirements of}h,~ appli:q~pl~ Zone,·~Qg!lbe deemed to conform to this By-law. Such lots may be used and qW!dings m.a.t]?~:J~r~cteCI, enlarged, repaired or renovated on the lot providedthat the use:~nd t~~.bl.Jildings;'gt structures comply with all other provisions of this By-law. , ,, : :;;,~,~~~~,:. · ... . .. ·. . ... 2.10 Air ConditiO~~rs Air Conditioners art~~[n;tittedgrr*~fot.prqyicj~dthey are located in the rear yard or interior side yard. In addition,sij'ch !JDitssllallhotoelocated any closer than 0.6 metres to an interior lot line and/:?Jtc:ti!JJ()f be IO'c§t~ff on any easements in favour of the City. 2.11c;~W~~~i~~1~~o;~;;~:x·': NotWitb~!~nding any oth~t;"provisio'hK of this By-law, an unenclosed, outdoor swimming pool, or hot tU~~Il)c:iY be permitt~cfit3s an accessory use to a residential use in accordance with the following p'(Q'i.'i~ions: . · a) Such'''a&~~.~~orx:~~ifhming pool, or hot tub shall only be located in a rear yard; b) Any swirif~tt"19 .. Wd~l, hot tub, or associated water circulating, heating or treatment equipment §t1aff be set back 1.2 metres from any side or rear lot line; c) Any deck associated with an aboveground pool, or hot tub to a maximum height of 1.2 metres will be in accordance with the provisions of Section 2.6 of this By-law; d) Any recreational equipment, including slides, associated with a swimming pool, or hot tub shall not exceed a maximum height of 2.4 metres; e) An accessory outdoor swimming pool shall not be included in lot coverage calculations provided that no part of the swimming pool, or hot tub wall protrudes more than 1.2 metres above the established grade. Seaton Area Zoning By-law 13 Section 2.0 Draft-April 3, 2013 2.12 Satellite Dish Antenna Satellite dish antennae are permitted in any Zone provided that: a) it does not exceed a diameter of 1.3 metres; and b) it is not attached to the front fagade of the principal building or any accessory structure or building in the front yard. 2.13 Accessory Dwelling Unit a) b) Despite any provision in this By-law to the contrary, in anyz;~p~that permits a detached dwelling, semi-detached dwelling or a townhotJ§{:j Cit;flf?l{ing, an accessory dwelling unit is permitted within the detached dwelling,:$i3mi-cleH9qhed dwelling or townhouse dwelling provided: ,,, •· , ·, •• i) a total of three (3) parking spaces are provi2~ad:()~ the propertyW~:$£,!3 the accessory dwelling unit is located; • ,,;: <U<.i, ii) the maximum floor area of an accesso,YdWelling unff.~hall be one hSr18red (1 00) square metres; and '. ':, :·., r';:, iii) a home-based business is prohibited in eitfl'~r ciW:~Jif~g unit of a dwelling containing an accessory dwelling unit. ··· ···· · An accessory dwelling unit may b§pl;r!"Qi!ted withi~·~~~o?ch house on a lot containing a detached dwelling, semi-detache,g dwellfpgqr a streeftqVJ!nhouse dwelling provided there is only one accessory dwelllngpnit o"h'!h~JQ(gnd the requirements of section 2.13 a) are met. '<'c:. ;/"' , __ ,•-, ":'-;(:',' ' 2.14 Home-Basedf8osin~ss a) A home-bas~q{B~~iness is~:~rmitted with]Q. a dwelling unit provided the home-based business is uS:E3.99Y the c~$l9~n.t9.f,thedw&lling unit and the resident is either a sole proprietor, partn~~~~~hfir~Holder; or{Yffi~er of the company operating the home-based busiQrs~,;aran elrlplqyee who uses their dwelling unit as their principal place of bll&f11es.s: "' ·. ·ccfu'•·· b) ,x.·.;~he following spe:;~]fip usE;§~.~re prohibited in a home-based business: \.)y adult entertalf!ment establishment; ii) c'.~?pnimal hospitJlZveterinarian clinic; iii) ' ~~~f!(Y1bfy, q9~Y~ntion or conference hall; iv) a~fbit]pb,ll~~bdy shop; v) vi) vii) dating/escort service; viii) funeral home; ix) heavy machinery repair, sales, service; x) kennel/animal boarding service; xi) night club; Seaton Area Zoning By-law 14 Section 2.0 Draft-April 3, 2013 c) d) e) f) xii) place of amusement; xiii) public bath/whirlpool; xiv) restaurant; xv) retail store; xvi) taxi service; xvii) vehicle dealership; xviii) vehicle repair shop; xix) warehousing; and xx) wholesaling. In addition, any use which constitutes a nuisance, or c:tQ~f~~~J~hiR,h is offensive or obnoxious in any way, including but not limiting the{geherality oftp~foregoing, any use which creates an adverse effect through the gen~ration of traffic, par~iqg, noise, vibration, dust, fumes, gas, odour, waste, haz;;:fclotis waste, emissionsF,§moke, glare, radiation, electrical interference, or any us~)pyolving the .IJse or storag~~~f:uazardous, toxic, or contaminant SUbstances which C09§titutes a t~J~~t to public health and safety, or any combination thereof, is prohibited in a ht>me-qq$'t3a business. The maximum combined floor afll!J.that all ho~~ja~~!:businesses within one dwelling unit may occupy is 25 per cent qf1tlJ~.finl~hed f/ooi-S.(~?;Pf that dwelling unit to a maximum of 50 square metres. ·· .. , ··· · · · · · · · No use or activity relating to a ho~~~f>.ase~JJtJ~ri~~$i§".~~:mitted in a private garage or accessory building gr:~ttpgtl}re, how~.~~r;~[imited storage relating to a home-based business is permjtt~~ to thEj~:~~tent thakifdoes not prevent the parking of the number of vehicles the priy[ffi:/garage Qr:accesso/y;quilding or structure was designed to accommodate~i:~J::;"< L<,., , No outdoor s:~i~~~·Q[;}ii~{g~dl~~~~~~~~aJ~~ to a home-based business is permitted. g) Cg$fqhi@~:g?.cli~nt p§T'~ltl9 is not required to be provided on the lot. h) :•:·€2t~rnal cha~~~~Wr •. alt;~~fi~ris required for or relating to a home-based business <:Y\fhiph would chang~·!he overall residential character of the dwelling are not permitted. '0:·-:'-:--'-,, :-',,, i) Desplf~,Jhe uses p(gliibited in a home-based business as specified in Section 2.14 b), the sellli'l9 .. ?f prpg9cts assembled or developed on the premises is a permitted use in a home-basg~q]-£$lf1ess, and the sale and distribution of catalogue items is a permitted use in a ho'm~}based business provided that no catalogue items are stored on the premises. 2.15 Accessory Buildings and Structures a) Accessory buildings and structures are permitted on a lot where a principal building housing a principal permitted use, already exists or is under construction. Seaton Area Zoning By-law 15 Section 2.0 Draft-April 3, 2013 b) b) c) d) e) Except as may be provided herein, accessory buildings and structures are only permitted to be erected in the rear yard; Accessory buildings and accessory structures must be set back a minimum of 1.2 metres from all/at lines except that the setback from the interior side lot line may be reduced to 0.6 metres if there are no doors or windows on the wall facing the interior side lot line; No accessory building shall exceed a height of 3.5 metres. ,_:-:rj·{- The total/at coverage of all accessory buildings, excluding dg!~ched private garages, shall not exceed 5 percent of the lot area. Where a detacftedprivate garage is also provided on the lot, the total/at coverage of all accesspfYbuildidgs and detached private garages shall not exceed 15 percent of theJ(){area. ···· · --;<':-::_:_ ·:·,:-·>-- Human Habitation is not permitted in an acce$sbWbuilding or acces~6o/~tructure except for a coach house. ··· · · · · · (}:<~;d:;~--.-<~f~ ~5;--': 2.16 Standards for Detached Privat~·;~~IC!~~§ Accessed by a Driveway From a Street ;"c:;·c Detached private garages associated v0ttl':a:r~~jdential u;~''tH~t,are accessed only by a driveway from a street are subject to thefqllo\Atin~l·l"~q~jremeAts?~ a) Permitted locations and .r~tt>acks fro~)tgt l(q~~f. C .;··~.~~~~! Detached private gam§Jl~s gccessed only.Q;ya private driveway from a street shall be located: .• t~i'''' ··~,·?'. i) a minimur:n~clf§t~nce frorfj1an exterioKtqt line equal to the flankage yard requirement for the rrfajrJ."'kuilding; . J.<.:• ···· · ii) a minimumdf1:.·z rn~fr~~~ff6hi'th~)nterior side lot line, but notwithstanding this prp\fi~j?~: .. ·. • .~,Jf~~~~~· .· .. <A) ~"tli~~~liJ?ck'f~~m:the interior side lot line may be reduced to 0.6 metres if there ,/.·:;. are no';£l;q~rs of~IP,R.ows on the wall facing the interior side lot line; and B) a detactfe'B•privat~garage may share a common wall with another detached private gatF£ge on an abutting lot and no setback from the interior side lot line iii) iv) v) is requirediQ10 that side of the lot. ~ttliiJirnum of.cQ;·~~etres from the rear lot line; no 21~$~r;.tp~ry~~fmetres to the lot line abutting the street where the wall of the private''[J§[f:Ige containing the opening for vehicular access faces the lot line abutting tHe street; no closer than 2.0 metres to the main building on the lot other than a private garage connected to the main building by an enclosed or covered walkway. b) Maximum Height The maximum permitted height of a detached private garage is 3. 5 metres for a flat roof and 4.5 metres for a pitched roof. Seaton Area Zoning By-law 16 Section 2.0 Draft-April 3, 2013 c) The maximum lot coverage of a detached private garage shall not exceed 12 percent of the lot area. 2.17 Standards for Detached Private Garages Accessed by a Lane Detached private garages associated with residential uses that are accessed only by a lane are subject to the following requirements. a) Permitted locations and setbacks from lot lines: : :,, Detached private garages are permitted in a rear yard aqp Jl1i€iri()rside yard only, and shall be located: i) a minimum distance of 0.6 metres from the rearYot line; and ii) a minimum of 1.2 metres from the interior sJd~'Jbf line, but notwitMS,tanding this provision: ,,;/ '/? A) the setback from the interior side 1ofJine may g~~teduced to 0.6 nietres if there are no doors or windows on the wall;f~cing toe interior side lot line; and, B) a detached private garage may share~\dp:rn:~on wall with another detached private garage on an a~uttirw lot and nos@tlgqck from the interior side lot line is required on that side oJJh~fot. · ·.· b) c) ·~>::::::, ~,:·.,;,-v<~-:-~:;~}.;:•. --~~:'};_~~-\ Setbacks from main building: ''it < <~ :{ ~,... . • q All detached private garages shall be§:Qtbap/(amihim~!'llof 5.0 metres from the main building on the lot. Tb$pqrl(iqg of motf:?{yehicles is nofpermitted in the setback area. Maximum Heig?t<)•>:· . / '1~;; •. The maximumpermitted heigh{ofany deta(;bed private garage is 3.5 metres for a flat roof and 4.5 metr~~Jor a pih~h$Clrqc*~; ~ .. 2.18 St~p!:f3t~§ ;~~ ~i~~che~ ;~;~:te Garages on Lots Accessed by.Lane·s· · · AttatiJ~dprivate garag~Ja§soci~t~dwith a residential use that are only accessed by a lane are subje~t to the following J~quirements. a) Pe ,;,;:~~,hocation~s:~': Attached·pr:(yate.ga[ages, which are deemed to be part of the main building on the lot, are permitted prc:)vided that the wall facing the lane: i) is located no further than 7.5 metres from the rear lot line; and, ii) is located no closer than 0.6 metres to the rear lot line. 2.19 Standards for Attached Private Garages Accessed by a Driveway from a Street Attached private garages associated with a residential use that are accessed only by a driveway from a street are subject to the following requirements. Seaton Area Zoning By-law 17 Section 2.0 Draft-April 3, 2013 a) Permitted locations and setbacks from lot lines: Attached private garages accessed only by a driveway from a street shall be located: i) a minimum distance from a side lot line equal to the minimum side yard requirement for the main building; ii) no closer than 6.0 metres to the Jot line abutting the street where the wall of the private garage containing the opening for vehicular access faces the Jot line abutting the street.. b) No part of a private garage shall project beyond the front WC1!1Bfihe first storey of the dwelling except where a porch is provided, in which cas~t~~ private garage shall not c) project beyond the front of the porch. · ,,---_ ' The maximum driveway width that faces a street sb~llbe the followir1g{ i) for Jots having a lot frontage of less than Q.::Q;rnetres shall be 3.0 rhetre~; ii) for Jots having a lot frontage between ~,o"hietres andJess than 11.0 M$tres shall be 4.6 metres; ·· · · ·· ···· iii) for Jots between 11.0 metres and less thall1s,Q metres shall be 6.0 metres; iv) for Jots greater than 18.0 metr~s shall be no Vv[d~f than the width of the garage door and tapered so that th~IJ:ta.ximum width is9/.p metres at the street line. 2.20 Coach Houses A coach house shall be perry]jtt~P on a co;h~,:l9fWitK'a~~8·~f~ge of 1 0 m or greater where the corner Jot has access to ~JeC1r/~f1~.provideH1here is not an accessory dwelling unit in the detached, semi-detacheo.or towrflr9l1se dwell(f1g and provided the coach house: a) is located a minimum distanc~··bf 0.6 metf~$Jrom the rear lot line; b) is located a miHr&H111 of 1.,.?trj~tr~§frmntti.~ihterior side lot line; c) is setback a minirhu1119fS.6 ~etr~s fromfhe main building on the lot. The parking of mot~fX~f1191~$.i~ nofpg~fr1itted in the setback area; and d) ha~·~n,~xirliurri;heighi'of$metres. :_'; ', _,"_, __ -< ,,_::'-"---~ ., 2.21~;bive Work Jfiit a) .. ff,~;·.fRIIowing spec~ig;uses are permitted in a live work unit: i) ''aft/g?llery; ... · ii) cai~F iii) restaut~8tf' · iv) medical office; v) convenience store; vi) dry-cleaner's distribution station; vii) office; viii) personal service establishment; and ix) retail store. Seaton Area Zoning By-law 18 Section 3.0 Draft-April 3, 2013 b) 3.4 a) b) 3.5 a) b) c) 3.6 a) i) ii) On a lot with less than 2,800 square metres of gross leasable area: 4.5 spaces per 100 square metres of gross leasable floor area provided that where a restaurant, supermarket, nightclub, tavern/bar/pub or assembly hall, convention hall or conference hall occupies ten percent or more of the gross leasable area, the individual parking requirements for that use shall apply to the gross leasable area devoted that that use; On a lot with between 2,800 square metres to 28,000 square metres of gross leasable floor area: 4.5 spaces per 100 square metres of gro~,s leasable floor area; iii) On a lot with more than 28,000 square metres of gross lec:~waple floor area: 5.0 spaces per 100 square metres of gross leasable floor ~J~cf' For all other uses in all other zones, where more than qq~D2~rs;b~ipg used on a lot, the required parking space will be the sum of the parking required for allu.ses on the lot. ~ ,,~ ' ' \~ Size of Parking Spaces and Aisl~s' Parking spaces shall be a minimum of 2.6 m~!f~s in widm'.~hd 5.3 metres in'l~ngth, exclusive of any land used for access, manoeuvring. s:triv~way or similar purpose. ,:----~'<':'-'<:,,:,.;-.- Parking lot aisles shall be a minirr~ymof 3.8 metr~gih~idth for one way traffic and a minimum of 6.5 metres in width f6[two)N~ytraffic. · setbacks of Parki.ng s~~@~;·~~·r6ffi3 L No parking lot or parkin?;]§J~qeshall b~p~f~itted within 3 metres of a street line or within any dayligt(f[fi[/ triang19,,.~·\ ····· ·· No parking lo/g~iwJ<ing sf~~$;§b~II.~!1.P~f~itted within 3 metres of a property line abutting a resider1tialz()l)~:· .· ·.· · · ·· Notwitb~f~Wllith'gj;~!'~iJw~;~,a) and b), individual parking spaces for single detached, 9f3tJJi-Cfetachedar~p. tewnhol1.s~ dwellings may be located: ;if'( within 3 metr~.s .. Hf a strE].~fline; and ii). in a side or reaf}tf3rd of a residential zone a minimum of 1.0 metre from the nearest " te,~r lot line andp:6 to the nearest side lot line except where the rear lot line abuts a~·{f1ne in whicn:Case the parking space shall be set back a minimum of 0.6 metres. Sta~d~~~~.J@~'Parking Pads One parking ~~d shall be permitted on a lot instead of, or in addition to, a detached private garage where: i) an attached private garage does not form part of the dwelling on the lot; and, ii) the parking pad is located in accordance with the regulations for detached private garages. Seaton Area Zoning By-law 24 Section 3.0 Draft-April 3, 2013 b) In addition, a parking pad shall be permitted in addition to, an attached or detached private garage on a lot accessed by a lane and can be located in the yard adjacent to the private garage. 3.7 Parking and Loading within yards a) In the Community Node-Pedestrian Predominant Area "CN-PP" Zone, no parking lot shall be located in the front yard or between a building and the street line or between a building and the edge of a private street; b) No loading space shall be permitted in the front yard of any ?()llfL 3.8 Parking Space Uses The storage of goods, including for sale or display, is nqtp;ermitted withirir~qljired parking spaces. The storage of motor vehicles for sale and display is not exempt ffo(fytiJis provision. ,'" 3.9 Restrictions on Vehicles in a·ResidentialZone ' ' ' "~ C' ,',', No person shall, in any Residential Zone, use any/()f")jbL{{I,qi?jfJ6r structure for the parking or storage of vehicles except in accordance with the follovvll)gprovisions: a) b) c) c) Number of Vehicles A maximum of four (4) vehicles, oniy,g[le~fW~i9hmC!Y b~:,~"trailer, are permitted to park on the driveway of any lot in a residef'l!i£1 z~p~? , ''''';''>·, Size of Vehicles i) For those '[,e!Ji@~s park~~"7~n any lot1,~,t~~ maximum permissible height is 2.6 metres, and the m'a)(imum pern:ti~sibJ§ length ls .. $.7 metres; ii) Notwithstan~in~~eqtic)rt;(iY;;drl~;Y~Ijigle'~arked on a driveway in a side or rear yard canb~ pf a sizelJpJp a maximuni'cpefmissible height of 3.5 metres, and a maximum p¢trnissible,length8f~:o metres; and i(if li~ight is'hi~apuredfr~mthe established grade immediately beside the vehicle up ·. to the vehicle'l> highesft1qint, which excludes lights, antennas and other such items " .. ancillary to th~ y~hicle's t:Sody. L;~ittitn.of Vehicl~~c;J No partBt~~by frQ.6t;brflankage yard except a driveway is to be used for the parking or storage ofv~bJ.~I(istrand no vehicle is to encroach onto any road allowance. Inoperative vehicles: The parking or storage of an inoperative vehicle is not permitted on any lot in a residential zone, unless it is entirely within a fully enclosed building or structure. Seaton Area Zoning By-law 25 Section 5.0 Draft-April 3, 2013 5.3.3 Additional Apartment Provisions: a) Minimum balcony depth: 1.5 metres b) Minimum ground floor height: 4.5 metres (floor to floor) c) Maximum building width: 60 metres d) Minimum lot depth: 35m e) f) g) Buildings taller than 12 storeys shall have a podium and a tower comp61Jeht to the building, which shall meet the following requirements: i) The minimum Height of a podium: ii) The maximum Height of a podium: iii) Minimum setback from a podium to a tower. iv) Maximum floor plate within a tower. 3 storeys j~p,§:m 5 storeysLAWm: 5 metres ~ BO.O,'m2 ·• For buildings 12 storeys and less, a minimum pede.r>lri~~~erception step-b~dk.5t;\j.5 m. shall be required above the 4th storey and below the 81h $t6tf!Y: An addiJjonal pedestrian~df3fpeption step-back of 1.5 m. shall be required above the ~~~§torey betw:~~n 80% and 90% C>f the building height. ····· · ·. ·· · Where the rear or side yard of the ap~iiqment site ab:~~~idr~perty in the Low Density or Medium Density zone, the building height abgy~·l?rn~tres shall be limited by a 45-degree angular plane measured from a height of 12 metres~tlhe7,5rl).eJre setbacfiyqm adjoining Low Density or Medium Density Zones. Where a lane:~J:luts tlie.~it~,Jt)~ lane shgll be included for the purposes of establishing the angular plane. · · · ·· · .· · · · · 5.3.4 Additional Comnwrdl~l'Building P;d"'i~{~~~: ~' ; ::;:{ a) In no case shall P!3Jki!igbe perrhifted betwe~6:~ building and the front lot line. b) c) Parking lots abut{r~ga street§h~llincprp()rat~?~~Q.5 metre landscape strip between the parking lot and the street lineS" · · · • • · · A pr[mtJf'Jff:Ji?tfatlcf3 d~8t~t~~.n to the public ~hall be incorporated into the front wall of the buildirJg facingtt"l§cf[()nt ldfiine, d) '·th~minimum grou~~~qor are~J<5r a retail/commercial use within a live work unit shall be 70 sq. e) d) til:':; , •... • .• Th~·~~:girnum grossfJ~~able area for a retail/commercial use within a live work unit shall be 200 sq. m. /;<:-:.::>--'-, The maximurtl'g[d~~ leasable area for a retail store within a building with sole retail /commercial uses shall be 4,000 sq. m. Seaton Area Zoning By-law 48 Section 5.0 Draft-April 3, 2013 5.4.2 Additional Apartment Provisions: a) Minimum balcony depth: 1.5 metres b) Minimum ground floor height: 4.5 metres (floor to floor) c) Maximum building width: 60 metres d) e) f) g) Buildings taller than 12 storeys shall have a podium and a to~ercomponent to the building, which shall meet the following requirements: ,.l> i) The minimum height of a podium: 3 qtqi~y~ /10.5 m ii) The maximum height of a podium: !)~(dfeys/'16, m iii) Minimum setback from a podium to a tower. . . 5•metres · · ·· iv) Maximum floor plate within a tower. ·· C. 800 m2 • ·;, >·~ ,-'; >--,--_-:--' For buildings 12 storeys and less, a minimiJ.ITL~·~ctestrian perception st~~--IJ~ck of 1.5 m. shall be required above the 41h stqr;e.Vand below. th~gth storey. An ·· additional pedestrian perception step-back, Q.fJ .5 m. sbi:\lhoe required above the 81h storey between 80% and 90% of the buildingti(;;jgh.f;; · ---;~:-';:-~~--::~-<-:~·~;<- Where the rear or side yard of.the apartment sit~~EW? a property in the Low Density or Medium Density zotl~,.the b£Jifding height~'g'opye 12 metres shall be limited by a 45-degree angularpl~ne m~~?l.tr~d from a1~i[/~t of 12 metres at the 7.5 metre setback from adjoining tow Derlsjty()r;M.edium Density Zones. Where a lane abuts the site, the lane shalf ~¢ incluclea forth'~ !Jurposes of establishing the angular plane. ·· ·· · .·· ·..... · .... · ..... . Townhous~cJ~~lli~~~,b~6%.to bac:tQ~Qhouse dwellings and stacked townhouse dwellingqpgl)structed on.~site in conju,qction with an apartment dwelling shall meet the,sl7tf?ack, am~rj}(yar:.e9.,Jandsceyped open space and height requirements of the MC2iob.e forJhqs~n:lw~/liniftype.s~· h) • ~n,e minim u~ ~gt·~~~sity shall be·~~"~nits per hectare . . 5;~~j; Addi;i~h~l'<;o~~~t~j~l Building Provisions: ·~~~) In no case sh~[i~?rking ~~·permitted between a building and the front lot line. b) ;(l!.\parking lots abJt~ng a street shall incorporate a 2.5 metre landscape strip between ·. theJ?arking lot,ffnd the street line. c) d) A;li~iftY~Bt~~~ce door open to the public shall be incorporated into the front wall of the BOi/CiTng facing the front lot line. The maximum gross leasable area for a retail store within a building with sole retail /commercial uses shall be 4,000 sq. m. Seaton Area Zoning By-law 50 Section 5.0 Draft-April 3, 2013 5.6.2 Additional Apartment Provisions: a) b) c) d) e) f) g) Minimum balcony depth: 1.5 metres Minimum ground floor height: 4.5 metres (floor to floor) Maximum building width: 60 metres Buildings taller than 12 storeys shall have a podium and a tower comppnent to the building, which shall meet the following requirements: i) The minimum height of a podium: ii) The maximum height of a podium: iii) Minimum setback from a podium to a tower. iv) Maximum floor plate within a tower. 3 storeys I 1g.$~tl"l 5 storeys /16}Q 5 metres ~> ···· · · 800 mi,; ; For buildings 12 storeys and less, a minimum pede§ftlSlT}perception step~i}~E/(C:Jf 1.5 m. shall be required above the 41h storey and below the 81~ §torew An additional pedes;triap perception step-back of 1.5 m. shall be required above th~ at~ storey between 80% and 96o/oc)f the building height. · · · · · -',. " Where the rear or side yard of the apartment site ~bUt$ a·~~bperty in the Low Density or Medium Density zone, the building Q.f3i~ht above 12 metres.shall be limited by a 45-degree angular plane measured from a hei~hf9;f12,metres at tiie.)Z/!5. metre setback from adjoining Low Density or Medium Density Zoq~~: Wb~re ~ l~ne abutstJte site, the lane shall be included for the purposes of establishing the angular plcfne~· ' .... Townhouse dwellings, P.?.c~fo back to1fY!JoLI~£·J~~~;JAid~f:ra stacked townhouse dwellings constructed on a sit~·i~conjqnction with a.fl·~partment dwelling shall meet the setback, amenity area, landscapedql{en space.alls.i heigh(r~g~irements of the MC2 zone for those dwelling types. 5.6.3 Additional c;~~oo~rciatJt~~v~~~~ll~.~·. . :(~ .. a) ParkingJotsabuttir1~·.~.$ff~et shall inc~rpot~te a 2.5 metre landscape strip between the parking lot arid the street line." b) , ~;g~~ary ~~;;}~~ g'Qo;~~~kt?,the public shall be incorporated into the front wall of all ; .l;JLJilding facing the.f'c~l1t lot line;:·· c) d) e) f) • \/\tilhiDJhe Local No~*~ftLN) zone, the total gross leasable area on the ground floor of all builairf.gs;available fpr.the retailing of goods and services shall not exceed 13,000 sq. metres. Within~;~~~lidq(31"~~~~(LN) zone, the maximum gross leasable area for a retail store within a building wittl::.~ple retail /commercial uses shall be 7,000 sq. m. Within a Community Node (CN) zone and any adjacent CN-PP zone, the total gross leasable area on the ground floor of all buildings within the two zones that are available for the retailing of goods and services shall not exceed 20,000 sq. metres. The maximum front yard setback applies to all buildings located within 30 metres of an adjacent arterial road, and for such buildings, the maximum front yard setback applies to 75% of the front wall; 25% of each front wall can have a greater front yard setback. Seaton Area Zoning By-law 53 Section 6.0 Draft-April 3, 2013 5.7.2 Additional Apartment Provisions: a) Minimum balcony depth: 1.5 metres b) Minimum ground floor height: 4.5 metres (floor to floor) c) Maximum building width: 60 metres d) e) f) g) Buildings taller than 12 storeys shall have a podium and a to~e/hbmponent to the building, which shall meet the following requirements: . : · .. i) The minimum height of a podium: 3 $fpreys /10.5 m ii) The maximum height of a podium: §;I$t6reysl)q m iii) Minimum setback from a podium to a tower. 5)11etres ·. · iv) Maximum floor plate within a tower. 800m2 For buildings 12 storeys and less, a minimiJITI j~~estrian perception s;~Sl'paq,k of 1.5 m. shall be required above the 41h stqrl3y:and belowtbe 81h storey. An·· additional pedestrian perception step-baokofd.5 m. sh?lfbe required above the 81h storey between 80% and 90% of the buildinfl.heJgf]t., ·i·~ Where the rear or side yard oftbe;apartment site ~byts a property in the Low Density or Medium Density zone,th~ building height~bove 12 metres shall be limited by a 45-degree angulafJ3Jan~ hl~?:.'$YF~d from a /]~igCt of 12 metres at the 7.5 metre setback from adjoining.~pw DensJW:·9LMedium Density Zones. Where a lane abuts the site, the lane shaiHJS!=! inclllg@d~fodh~:p!Jrposes of establishing the angular plane. ·;';i· .:&'/:·· Residentiai.IJ~~~~:h,all~g'.~fohibited;6tbhe ground floor of apartment dwellings facing th? .. ;$treet or the p[iv?te street wlthin the CN-PP Zone. 5. 7.3 Additi~~~I·Comm'~~·icli'.Provisio·J~( a) f?Wf<.inrrlots i84ttj~~·~·street s~~~Tr~~~;porate a 2.5 metre landscape strip between ·:tne j)srki(ig)ot andJhestreet line. ~) .. ·· ~he CN-;~.~~ne s~~~~·~tre3cjdle each side of a street or a private street. Where the CN-PP Zone aoel5 not straddle each side of a street, a private street shall be ·• ..•.. provided where~fc'i. · J) the front of[~llcbuildings or structures located within the CN-PP zone, face ·.·. •.reach oth~r@l.ang the private street provided, however, that buildings located ·· 9.n .. coriJ~r§'ih1ay front on two intersecting streets/private streets. ii) btJ.ilc;tidifs.'shall be separated by a minimum 17 metres and a maximum of 20 metr~s to accommodate pedestrian sidewalks, two through lanes of traffic and parking parallel to the traffic lanes. iii) pedestrian sidewalks on each side of the private street shall have a width of at least 3 metres. c) A primary entrance door open to the public shall be incorporated into the front wall of the building facing the front lot line along a street or facing the pedestrian sidewalk along a private street. Seaton Area Zoning By-law 56 Section 9.0 Draft-April 3, 2013 10.0 DEFINITIONS "Accessory Dwelling Unit" means one self contained dwelling unit contained within a permitted detached dwelling, semi-detached dwelling, townhouse dwelling or coach house. "Accessory" means a use or building naturally or normally incid~ntal to, subordinate to or exclusively devoted to a principal use or builc~irrg'and located on the same lot as the principal use or building. ·· · ··· "Adverse effect" means: ><~'\,: .(;: ..•. a) impairment of the quality of the environment fox anyuse thatc~n be made of it; .<'(·,. .,. ···· · b) injury or damage to property or to plant OLHQilllallife; c) harm or material discomfort to any pers.c{n~·· · d) impairment of the health of any persoo;:t,. ,/r e) impairment of the safety of any personf· •. ·,. .::•j:(· f) rendering any property unfit for its existing;?rg~~mitted use; g) loss of enjoyment of normall.Jse of property;~I1#Jor h) interference with a residentiai~Q~e 9r conduct ()f}Ql.l~iness. "Ad u It Entertainment Establ is ~~~,~:.;'~g.\.Q& f\9Y p;~~;~~iis or part thereof used in the pursuance of a business}tif: .. {~r:;.;c:·,.·:.1~z.·:. · i. entertainment Of:s.eryiGeS that at~9~~i~hed to'appeal to exotic or sex.l.J~I,appe~i!~s are offer~:S or provided in the premisesw:part of the:p(emises, 'agg without limiting the generaljt~~pfthe foregf)iJ1g, include§'~e,rvices or entertainrfj~ntin whiqh;~WirJGi8f11 !ea,ture or characteristic is nudity orp~rtiat 11ucHty ofanYf?.~rson; or ii. Rody.~ybs, inbfQ~iQ~f the kneading, manipulating, rubbing, .·tnassagl[lg,toucl'liqgor stimulating by any means of a .~·· • person''S!5'gdyare pe]f?rmed, offered or solicited in the < . premises or part of the premises, but does not include ·· .; premises or P?ft.or them where body-rubs performed, · ::.> qffered or solicited are for the purpose of medical or · tA~[apeutic tr~~trnent and are performed or offered by pef:~(;)J7S ot8~r\Nise duly qualified, licensed or registered to do.§6: . .up~ .. ~rthe laws of the Province of Ontario; or iii. adult vlq~os are sold, rented, or offered or displayed for sale or rental, where the proportion of adult videos to other videos exceeds 1 : 1 0 "Adult Video" means any cinematographic film, videotape, video disc, or other medium designed to produce visual images that may be viewed as moving pictures, classified by the Ontario Film Review Board or any successor agency, as both "restricted" and "adult sex film", or any similar successor designation. Seaton Area Zoning By-law 68 Section 9.0 Draft-April 3, 2013 "Air Conditioner" means any mechanical equipment which is required for residential domestic use and which must be installed outdoors including central air conditioning units, heat pumps, heat exchange units, emergency generators and other such equipment. "Aisle, Parking Lot" means an internal roadway immediately adjacent to a parking or loading space which provides vehicular access to an9Jwm the parking or loading space, and is not a driveway. · "Alterations, Structural" means any change in the supp8dih@rnembers of a building and "structurally altered' and "structurally alterll1g''.shallt"19ve a corresponding meaning. "Amenity Area" means an area of land locat~.cfi~~~here on a lot, ~rthe·(Oof of a parking structure, private garage or any qt~~f.building V)(hich includes · .. ·· ....•.•• landscape area, but which may also include~ar~as of d~o~ir1g, decorative paving or other similar surface and includes a balco/1}/,j:>prqh·""~r'cleck and which has direct access from the interior of the dwelling unit.' ~\F . "Ancillary Retail Sales" meam, .. ~;·ret~U u5,e whic~i~~~§S,pciated with, but clearly subordinate to, a principal use,: \'h · "'r';·~3 .... '··.•·· ..•.• i. with a maximum gross leasablf? prea o}f:1§~~.Q!3t!Je building; ...• ····.··• .. · • i· ·s··'· ;;.;.;: ii. with a maximy.miJ(q~§/~asablea:f"~~;6f 250 square metres per Ilnl£fllary reteJl use, or'$~rvice commercial use; d ,,;_~~·:j!~~,-- an , .. r::·:f:'Z:f /Y•: '~A';, iii. withouHl~s.~parate djf~Ht¥)5!~rior acqg~s. "Angular~lan~;,,i;·~E3an~·;~~;~~~~i·~;~~(~§/surface projecting over a lot, at an incliDedciiffgle.ciJleasure'Jqp from the horizontal. J'~~~~al ~=~;f~~~·!'s~~~,i~p!"ent" means a building, structure or part thereof, ) Wbere dogs and 2l:i{e.and otH~r domesticated animals, excluding livestock, are ''br~c:J,raised, groon\~<;11 trained or kept for a fee on a temporary basis and may incllJ.~.E1.putdoor facilities. "Ani~·~i~;~~~r: ~.~:i~~lishment" means a building, structure or part thereof, where dogs~~ri~;cats and other domesticated animals, excluding livestock, are groomed andidr kept for a fee on a daily basis. "Arena" means a building or part thereof, in which the principal facilities provide for recreational activities such as curling, skating, hockey, lacrosse, broomball or other similar athletic activities, and which facilities may include dressing rooms, concession booths for the provision of food and refreshments, bleachers, equipment for making artificial ice and other such accessory facilities. Seaton Area Zoning By-law 69 Section 9.0 Draft-April 3, 2013 units, each of which has an independent entrance from grade to the front and rear of the building, and each of which are divided vertically above grade by a common wall adjoining dwelling units or a private garage above grade and where all dwelling units are located on one lot and accessed from a private street, laneway or common condominium driveway. "Building Height" means the vertical distance between the established grade, and in the case of a flat roof, the highest point of the roof surfac§'il>E parapet wall, or in the case of a mansard roof the deck line, or in the case pf;ggabled, hip or gambrel roof, the mean height level between eaves and riqg~. A penthouse, tower, cupola, steeple or other roof structure which is u~,~~ohly CIS an ornament upon or to house the mechanical equipment of any bujf(Jihg shalibe. disregarded in calculating the height of such building. , · "Building, Multiple Attached" means a buildi[1~>2bntaining three or~~re dwelling units, with the dwelling units acce~s~cfby one or.more common ,'. entrances and may contain some of the d'.N(J{fi[Jg units ElC:Pessed directly from the outside. · ·· · · ··· ·.·. :>:~·n·· ... ·.·· "Building, Principal or Main" !]J~CIOS a building,Wbiyh constitutes, by reason of its use, the primary purpose for w.n.·.fchfhefot is used .••. ' _,, ,,,, ''• "Building, Street Townhouse o;~tte:tT~~~ltoiJ~~ B~i'laing" means a building or structure th~ti§) vertically~iyid~q.Jr1to a:mil)jmum of three dwelling units, each of whic~ .. ~.l:f$8Q,iQdependent;~ntrance fronl grade to the front and rear of the buildit)J];,and eacp'of whichC!~~ divided vertically above grade by a common wall ClcJjqining dwelliffg units or'~~private garage above grade and where each dwellinfi:c(f)jt Is locat~~~.9!"t§lJ:l individl}~.llot. "Cafe" mean~ 1~kt'l~~~J~lf~'7~~~frt\:m gross leasable area of 100 square metr~~a:!l~w~ieh ser\fe§.non-alcoholic beverages, snacks and light meals and dqe~not lnclud~;CI drilie~tbrough facility. ;•;•i"~emetery" m:;~~~·t~e ~~~~;Hs.,used or intended to be used for the interment of human remains. .· "Ca~·w~~hing E~!~blishment" means a public garage for washing or cleaning motor llefl.fq(~s J<;)r.gain. "Coach H~:J~r,':·~eans a detached building containing a private garage on the ground floor and an accessory dwelling unit on the second floor. "Commercial Fitness I Recreational Centre" means a commercial establishment in which indoor fitness and recreational facilities such as bowling alleys, miniature golf courses, roller skating rinks, squash courts, swimming pools, exercise classes and other similar indoor recreational facilities are Seaton Area Zoning By-law 71 Section 9.0 Draft-April 3, 2013 provided and operated for gain or profit, but does not an arena, stadium or place of amusement or entertainment as defined herein. "Commercial Vehicle" means a motor vehicle having permanently attached thereto, a truck or delivery body and may include but is not limited to a catering or canteen truck, bus, cube van, tow truck, tilt and load truck, dump truck, tractor trailer, ambulance, hearse, fire apparatus and tractor used for hauling purposes. "Community Centre" means a multi-purpose facility or part gftnat facility owned and operated by the City of Pickering, which offers a variety{6fprograms and facilities of a recreational, cultural, community service, il)fqrrn~tion or instructional n~uffi. ~~· "Construction Vehicle" means a vehicle ordinrrQ~~'s:d for buildJA~,:~n~ construction purposes, such as a dump truck,.blllldozer, back-hoe, or gfadw, and ancillary equipment used thereto. .··· ·· .. · ·· · · c~-;,::_~~~ --_;;-_r-~(::~-~-_;' "Contractor's Yard" means a premises of anyg~n~[~IJdontractor or builder where equipment and/or materials are stored ofwbe:rea contractor performs shop or assembly work. ········ ... "Convenience Store" means a:~~(;il;~~gf~',Y'/iliJ,;!' m~f~Y'f') leasable floor area of 300 square metres where articlei:?'for sale (3f~'[~§Jriqted to a limited range of goods, primarily food, t()ilrtries, hous~b'ar~~,statioHE!cy;:and other similar daily household necessiti~s,:~v(gpes not fhqlgdea supermarket. "Coverage" 1)),(\~~~,;~e p;~q~~ion of ~~~t~Gound floor area of all the buildings and structure§9h the lot tq.;{IJE}/Qt area eXpfE:)Ssed as a percentage. "Dating/Esco~·~e:ryiy~,,·~~~~;?~~~i~0i6~:~roviding companionship for and by indiyi,9.4~Js.!f.orprofiN:>t.J~~rsonal gain . • ~,fi~~··care c:~rr~':h,m~~n;~;~;., •. . . . i. indoor and o~}door premises where more than 5 children ... , . are provided.\.l)flth temporary care and/or guidance for a · ; .·;gontinuous REtfiod but does not provide overnight ' ~:accommoda:tf6n and are licensed in accordance with the ii~~UqaqlE3~tbvincial Act; or, ii. indBdr;·~ntl outdoor premises in which care is offered or supp[ieCl on a regular schedule to adults for a portion of a day but does not provide overnight accommodation. "Daylighting Triangle" means an area free of buildings, structures, fences and hedges up to 0.9 metres in height and which area is to be determined by measuring, from the point of intersection of street lines on a corner lot, the distance required by this By-law along each such street line and joining such Seaton Area Zoning By-law 72 Section 9.0 Draft-April 3, 2013 "Dwelling, Duplex" means a dwelling unit in a building that is divided into two (2) separate dwelling units, each with an entrance that is either independent or through a common vestibule. "Dwelling, Multiple Attached or Multiple Attached Dwelling" means a dwelling unit in a multiple-unit building. -:; /·:,_._-,: "Dwelling, Semi-Detached or Semi-Detached Dwelling" llJe~bs a dwelling unit in a building that is divided vertically into two dwelling units,.th~tshare a common wall above grade. ·. · · ··· · "Dwelling, Street Townhouse" means a dwellingpoit7~·: to:~hbp$~ building. -----··-· "Dwelling Unit" means one or more habitabter~~~~ containing se~~lf~!~.· •. kitchen and bathroom facilities for the priv~t~~~s~ of one s>Imore persons~.§a single housekeeping unit. " ''>• "Erect" means build, construct, reconstruct, ~~t~(.~;j'~Jorrelocate a building, structure or part thereof and shalt inqlude any preiirnih,a,ry physical operation such as excavating, piling, cribbing, fillir}9brclrC1jping, strLICtf!f~[ly altering any existing building or structure by an addition,tcleletioo1 eniC1rgementor extension. "Existing" means existing as of th~;~(;lte 9ft~;~J~.k~~~~ssi1~g of this By-law. -",;}''-"'·'------, '·····-,'-"' c'---' -"- "Financial lnstitJJtlh~,·~~~B~.a buildi~~:j~pr part thereof, where money is deposited, witgqna\Nn, kept, )~ot or exch~n~ed. "Floor area~';ffi~aps th~;f~l~t~r~·~,()tC?IIrlbbrs of a building within the outside walls or outside firiJsh,~(IJ~7rred partifi6r1s of the walls, but does not include a porch1.1jbfifVIfC11~-in Da:y'\ryindow, attic, basement, enclosed or roofed walkways or IQ?~frig <:locl<c:• : • · · · · ·· <',}~ront Wall" ~~~i]·~~the~l~~~st point, measured at grade level, of the wall of a 'oq[l(:/jng facing or nis>st nearly facing the street from which the building has its prir1¢fp.ql access. ¥''} "Fro,~~~~'!;!~;t~ff~;:~~l property abutting on one side of a street measured along the street Htiiii'·;· "Funeral Home" means a building, or part of a building, used for furnishing funeral supplies and services to the public and includes facilities intended for the preparation of human body for interment or cremation and may include chapels, visitation rooms, and administrative offices. Seaton Area Zoning By-law 74 Section 9.0 Draft-April 3, 2013 "Garage, Private" means a building, structure or part thereof, including a carport, used for the parking of motor vehicles having adequate access to a driveway. "Gas Bar" means a building or structure used for the dispensing of motor vehicle fuels and accessories and may include an accessory convenience store. "Golf Course" means a premises operated for the purpose of pl~yjng golf, and includes a golf course, driving range, miniature golf facilities al)d§uch accessory uses as a restaurant, banquet facility retail store, fitness ceptreFEmd other buildings or structures devoted to the maintenance andppeta!le>n of the golf course. >,',, ----. "'---- "Governmental Authority" means the Governr;n~tito;Canada o~T~~0ffl.rovince of Ontario or any public board or commission~5~lablished by either, or'Hr~: , Corporation of the Regional Municipality of~QrHam or T~E?,,Corporation dfthe City of Pickering or any local board or commJ§~ion, andAf;lpii.Jdes any , conservation authority. Z'f:,'\:::;, ,d,f;;rr "Grade" or "Established Grad~'',m~ans whe~'<S~~~,;)!"ith reference to a building, the average elevation oCtpefiJ]iShE3d surface e>f'~lle ground where it meets the exterior of the front of sq~cb bulldltJg;.JWd whert~§ed with reference to a structure shall mean the averagEf~~l~vatioti~9flti~''figjshea surface of the grounds immediately S!J{rpunding sug[ltstntqtiJfe, exci.Usive in both cases of any artificial embankment; ~,:,;c,; s;;. . . . "Gross Floo",JM:f~l;'t:ea~~w~ aggre:i~pf all floor areas of a building or structure abo\i~:$r below ~$tcibli§C:e,d grad~,,;which floor areas are measured between the ext~Ji9rfa9~s;E~Hlie,~~t~rior~alls of the building at each floor level but excluding any'J:>$rgt1,fteranda, cellar,mechanical room or penthouse, or are~s;ct~diRc:lt{3pto p:arkiQg within the building. For the purposes of this definition, tb~~walls.ofai1Jnner coqft§hall be deemed to be exterior walls. ,'~~~'~oss Leasab~~1~i,gor~:gt';, means the total gross floor area designed for t~(l):~ipt occupancy an,~.exclusive use, including basements, mezzanines and up·p~tJiqors if any; ~Xt)ressed in square metres and measured from the centre line ot?1Q.int partitigM[~,!~md from outside wall faces. "Grou~·~,f~~:~gf',[·~~ans the floor of a building approximately at or first above grade. · · "Ground Floor Area" means the area of that portion of a lot occupied by a building or structure, exclusive of any porch, private garage, veranda or sun room, unless such sunroom is habitable at all seasons. Seaton Area Zoning By-law 75 Section 9.0 Draft-April 3, 2013 "Heavy Machinery Repair, Sales, Service" means the service, repair, or sales of machinery or mechanical equipment of an industrial nature. "Herein" means in this By-law and shall not l:>¢''1if~lted to any particul~nse~tion of this By-law. ~;~{c: ·.·. "Home-Based Business" means an acce~~a(YBu~ip:~~for occupation use conducted for gain or profit in a dwelling unit by~~r~~ident of that dwelling unit which is clearly subordinate to t~~Prir:nary residertti{:llcu,~e of that unit, and which does not create a public nuisande(>i'~()'\.f~G§e effect dti;!~~ abutting lands and/or surrounding community. · · · · · .. "Home lmprovementC.rntre" me.~ri§.fl ~yiZdfJJ~'b~ff~~rtofa building wherein building materials, ~flrdV\f~'(¢gr acces~·Prie~, including ·lumber, are displayed or offered for sale.. ~im" "Hotel" meai]~;~;~~uilding,/g~~~rg'=!P of bJ/Idi!]gs, each containing sleeping accommodation;Qqteri~g;R.firnarilyi.fpJ.~~Jraveling public, for rent or hire for temporary lodgingB-[qt~/may also indude restaurant, public hall and ancillary ret~j/~~~~2Ylt~tq.h arefQqJf.iental and subordinate to the primary hotel function and ori~[lted to §e@~jhe 170t~l;r>atrons. fc~~~~perative ~=~~~~:· ~:~~g''a motor vehicle that is mechanically inoperative, <ai}gjpr is in a state l~~t precludes immediate use. '·~''-~>-"' '< ·~-,-~-- "L~~~X~JJt~ans a tM~fbughfare that provides secondary means of vehicular access,··~~( .. ip)h.~:{§ase of a lot which fronts onto public or private open space the primary me~o§Jpf vehicular access to an abutting property which is maintained by a condomlnTl.lm corporation as a private road condominium or by a governmental authority. "Landscaped Open Space" means the open unobstructed space from ground to sky at grade which is suitable for the growth and maintenance of grass, flowers, bushes and other landscaping and includes any surfaced walk, patio or similar area but does not include any driveway, or ramp, whether surfaced or not, Seaton Area Zoning By-law 76 Section 9.0 Draft-April 3, 2013 any curb, retaining wall, parking area, interior courtyard, or any easement for the purposes of underground or overhead utilities or services where located within a front yard or exterior side yard. "Landscaped Open Space, Front" or "Front Landscaped Open Space" means landscaped open space within a front yard. "Landscape Strip" means an area which shall include a plantipg.screen, or landscaped earth berm, or a combination of these features, an~iwhich may include fences and walls as part of the area. Walkways may~tra\/erse the landscape strip. · · · · "Livestock" means cattle, swine, sheep, goats, P91J.IlrY, horses, l>of1jes, donkeys and mules. :-.~5---~~,:,;:-: -' -_-,,_::_· -~=:·_' "Live Work Unit" means a townhouse dw~lfini,'~ultiple diJVelling or aiit&Red townhouse dwelling, where the ground floOr,::orpart th~r~<.)f, is used for ·· commercial purposes and where the commerciF!.I.~ndtesidential components can be accessed by a common internal entrance. ·· ·· ·· · · · · ····· "Loading Space" means an un~~~!it'Sl'¥1.~rea o;';~~ii\.y)lich is provided and maintained upon the same lot or l6t§upon Whir~.the prfl14ip,gl use is located and which area is provided for the tempor9ry par,~tng'.9f:Q.B~ commercial motor vehicle while merchanclis~ or materials ar§~einglC>c1id~d or unloaded from such vehicles. .. 1 :)[.S. "Lot" means(i~~Vtel of la~~·~wned b?~ttr person or one group of persons which meets·tq~requirem(3st1J~·8:fJ~is By-l9yY having regard to the use to which it is put or the use.Jo,vvhic~.itds~ptoRBs~clto))e put or, if it does not meet the requirements of thi¥E3yilaw, is the 'entire· holding of that one person or one group of P~.[.S,Qn§;~.4tJo thaf!.Js~at the date of the passing of this By-law or, is a parcel ofJ~hCf which bei~.been l~gqlly excused from meeting the requirements of this By-law.·· ··· · ··· ,-.":,;·~~-~\~~::-· --;t~(!~~-~:_.·--~;<{~j:~~- ''k()tArea" means'lt"ie total horizontal area of a lot, less the horizontal area of ariy'pE!r:t of the lot w~idh does not lie within a zone in which the proposed use is permift~g.. /•l:·i> "Lot Co;ifag¢'•J.~~eans the total horizontal area of the part of the lot area covered by all buildings above ground level excluding eave projections to a maximum of 0.6 metres. "Lot Depth" means the average horizontal distance between the front and rear lot lines. If the front and rear lot lines are not parallel, the lot depth shall be measured by a straight line joining the mid-point of the front lot line with the mid- point of the rear lot line. Where there is no rear lot line, the lot depth shall be Seaton Area Zoning By-law 77 Section 9.0 Draft-April 3, 2013 measured by a straight line joining the mid-point of the front lot line with the apex of the triangle formed by the side lot lines. "Lot Frontage" means the horizontal distance between the side lot lines of a lot measured at the minimum applicable front yard setback. Frontages shall be determined in a manner that is most compatible with the surrounding development where possible, otherwise the shorter boundary abutting a street shall be deemed to be the frontage. "Lot Line" means a line delineating any boundary of a lo(,,i Y · ... ,::----·_'·:>-,\-~ "Lot Line, Front" means the lot line which separates <i'lbftro~,th§street in front ~n . . ~ . "Lot Line, Rear" means the lot line opposite tc:k~A~rmost distant f;6rt,"ithe front lot line, but where the side lot lines intersect,.~~·in the case of a triangule1r/()t, the rear lot line shall be represented by the poi6lJ.Qfintersecttqp, · · .· "Lot Line, Side" means all lot lines which j;i;~~Gotb.~.tJ~~;lot line and a rear lot line. . ... · .... · "Lot, Residential" means a lot ~ttS~{~a il1;•a:resid~~ti~~·~()ne and having a lot frontage and lot area in accordanc~;&Yith tlle{r~~(;!irS!ments.of the zone in which the same is situated. <· i. •··· • ··· · "Medical Office"}!)~~~~i~(~rpises ;~~l~g~~:nd ~::! ~or the diagnosis, examination, and~f"Tledical, s\.Jrgical or Pt1Y'~iotherapeutic treatment of human patients, and:yVJ1ib'h may inql~d,e pharmaGf~~ and dispensaries which are limited to a maximurt{()'f:50 squaf~3il"t~tr§3 iqpro§fleasable area, waiting rooms, treatment rooms, gtC?PQit~sting clinic$, 6.1Jt' shall not include overnight acco111m9de1!ion for.iJHhatient care. · · ·· ;;~.:,"~/1! ~~~~W')J!':~'i~~;;..~tory-bu ill dwelling unit manufactured in accordance <with CSA standargsthat is;~~signed to be made mobile and is intended to . RfC>)Iide permanenl;[~sidence'but does not include any trailer otherwise defined in fhisJ?y-law. ·· · "M:J~I1!;!9rpe" m·d~U: a dwelling unit which is not used tor residential purposes, but whicli·J~J:Is~<l,exclusively for sales, display and marketing pursuant to an agreemenfwmFthe City of Pickering. "Motor Vehicle" means automobile, motorcycle, motor assisted bicycle or any other vehicle propelled or driven other than by muscular power, but does not include a street car, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, riding lawn-mower, self- propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act. R.S.O. 1990, or successor thereto. Seaton Area Zoning By-law 78 Section 9.0 Draft-April 3, 2013 "Parking Pad" means an open area of land that is paved and/or treated with a stable surface that is used for the parking and/or storage of vehicles and which is exclusively devoted to a residential use on the same lot. "Pedestrian Perception Step-back" means the horizontal distance that the top outer edge of the exterior wall of a storey must be offset, towards the interior of the building, measured from the outer edge of the exterior wall of the storey directly below it, or from the outer edge of the exterior wall of the~tprey that the by-law indicates from which it is to be offset " ' ,:-:<-:;~<: -- "Person" means an individual, association, firm, partn~r§f1ip ()f:il}corporated company. "Personal Service Establishment" means a bJ!giJJng, structure, ,~~·~~ttthereof, where services area provided and administerE3~jto Individual and pers6rl~l.',geeds and where retail sale of goods accessory to~~H:e'service provided is permlh¢o and include, but is not limited to, hair care, aesth~JiQs, health)9nd beauty treatment, dressmaking, tailoring, shoe shinning and repl:iir',Jfl4ndromat and laundry depot. "Place of Amusement" means,p\~Tl)ises which·;~~:;Bryoted to the offering of facilities for the playing of any gi:nlj~ fpf.th~ amusemef)tof the public, and includes a cinema or other theatre'!'l:>illfclta OrpqqJ room's',.~qwling alleys, or, electronic games. · · ·· ·· · · ··· "Place of WorshiP,'J:Jj\~aK$.'!1 facili~{~"•[l}i~:~ ~:~22~'which is the practice of religion, but whicofJ'lay inCI4ge accessqtjuses subordinate and incidental to the primary use sus;6C\s classro,qrps for religiqys instruction, programs for community social benefit;~~~embly are~~~.Kt!phens, t>fttces and a residence for the faith group leader. Otb~rthang~y·c~r€{~biqh9Hall be permitted, a place of worship shall not include a P.ril{i"J.te school or residential or commercial uses. 7?l?~iij'~;. ~~~lj~ t~~i~~Prtipn of the first two storeys of an aparlment dwelling, .. Jpng-term care Cli!J!t:Jiling or.re.tixement dwelling, excluding a parking structure, ~ .;mf?chanical floor afet:l, storage area, service room and/or refuse and loading ~r~~, that is permitt~£fto encroach into a required front and/or exterior side yard. "P~<~~~''·[lleans Cif~~fed deck or portico structure attached to the exterior wall of a building.:~b9tf7ment may be located under the porch. "Primary,~~f~~~:e Door" means the principal entrance by which the public enters or exits a building or individual retail/commercial unit. "Private Club" means a building, or part thereof, used for social, cultural, athletic or recreational activities by its members and guests or by a fraternal organization which are not operated for profit. Seaton Area Zoning By-law 80 Section 9.0 Draft-April 3, 2013 "Public Bath/Whirlpool" means indoor or outdoor premises where people may bathe, swim, or lounge within pools or tanks of water. "Public Hospital" means any institution, building or other premises established for the treatment of persons afflicted with or suffering from sickness, disease or injury, or for the treatment of convalescent or chronically ill persons that is approved under the Public Hospitals Act as a public hospital and may include a gift shop, cafeteria or other accessory uses normally associated,With a hospital. 0 :~--;_;·:· .~.~ "Rear Lane Townhouses" means a building that is vertice111~~i~ided into a minimum of three and a maximum of eight dwelling unit~;e~c~"ofwhich has independent entrances at grade to the front and rear oO&e buiiCJi(lg. . ' ---',_ '-~ "Retail/commercial unif' means a building or9~~~~ate unit withi'~,~,bqi[ding that is separately owned or leased and used fgr~r!3tail or commercial pl.lrpg&es. "Retirement home" means a building in *~\~b,6 or mp[~,persons are c~,;~~for and lodged, where, in addition to sleeping adcqll),TC>p.~tiC>n and meals, at least one other personal care service is provided such"a{oursing services, assistance with feeding, assistance with batbJng pr assistance~\NiJh personal hygiene. "Restaurant" means a building'~R~;~~¥1~·~i!ljdiqg:~~f1i~the principal business is the preparation of food for retail ~~T~to th~ipubli9;~f~[ir:nmediate consumption on or off the premise§., e>r·t?pJh on antf:C>:ff·;the'premises but shall not include a night club. •""""~' jc! 'J;c:•'h. r·;~2'··· -t_"<:--_;;:·c '<.:~ :-i:;) "Retail Stor~0~~~~~ns prerr)J~~s in whicR·:~,e>ods and merchandise are offered or kept for retail 's~l~ ~r rent(;!J'f(?;t~~,:Pul?,li,f· Thjs definition shall not include any establishment o'm~f\1\!i§,~§~~fifl~a ~ih!f1J.t$:'J?y.:law. "Sqtt:~31~?;C~i1lmer~1il~1\$>r "Commercial School" means a building, or part tti~l"eof, wher~ tn;~J[uction.I~t,f skill is provided for profit and may include [nstruction in a tra~(3, busih~~·~' art, music, dance, cooking, athletic skill or any ~tt'}.er specialized in~jtuctionbut does not include a commercial fitness/recreation cf;iJf~~ .• a college or ~.~iyersity. "Sch~6;f~·,·t;1eme.9.t'if~" or "Secondary School" means a place of instruction maintainE4q.~qDQj·gperated under the jurisdiction of a governmental authority. /C'-,___• -·--.'>.· :c "School, P;i~~;e" means a place of instruction (excepting a commercial school or private career college) offering courses equivalent to those customarily offered in a place of instruction maintained and operated under the jurisdiction of a government authority where instruction is given. Seaton Area Zoning By-law 81 Section 9.0 Draft-April 3, 2013 "Supermarket" means a building, or part thereof, containing a departmentalized food store, but does not include a convenience store. "Tandem Parking Space" means two or more parking spaces abutting each other end to end with only one having access to an aisle. "Tavern/bar/pub" means an establishment which supplies alcoholic drinks and may provide food and entertainment and contains a walk-up ba(.Qfcounter where patrons may order, obtain and pay for food and alcoholic drinkst' -<~'--;:: "Taxi Service" means the operation of a service providjng>ta~i¢ .. ~ .. b motor vehicles with drivers used for hire for the conveyance ~{goodsapd,passengers. ---~_;, ---_:><-:-:- "Tower" means the storeys within that portion qffbililding or struc5fiJteJJr part thereof located above the podium. ·· · · ·· · · .· /,--:;:-,/:< --. -:_:·<,~> .? -- "Tower Floor Plate" means the average floehEirea ofc:llg1toreys within th~t portion of a building or structure or part thereo(lgsatE3t:i:aoove the podium, measured to the exterior faces of exterior wallsof:e~ch storey of a building or structure. . ....... . "Trailer" means any vehicle so'~&~ir~d~t~~jil i~"~8~~tJJ~ for being attached to a motor vehicle for the purpose ofjpeing drCl)lYQ~.Q~,P{?Pefled by the said motor vehicle, and capable o~J:>~ing used fqr·;jivin~,%1eepi~g;:or eating accommodation, or the transportatiopofa .~Q.at, snowrnol:>ile, tent, or materials, and shall be considered a ser:tClrgte vel1ic[~.;and not p~r of the motor vehicle by which it is drawn. Any it~m~ or materi~l§,•placed Oft~frailerfor the purpose of transport are to be conside~ep ,(;ls part ofJtb~.tc?J~~r. "Vehicle" mean~·~e;;ai, t?u'ck, tra/l~P;rE3creational vehicle including boats, van, motgrGY.G:Iej~qqwmo~Be, or any other vehicle required to be licensed. ·" '(~~~~ti~l: ~~:~~~l)ip"~~~~la building, or part thereof, where new or used ·?iJ1gtor vehicles ar~i(li§playecfand/or offered for sale, rent or lease including the 09~§i.de storage ancfdipplay of vehicles and may include an associated vehicle rep~{pt;f10p. ;":>5 ,.;<_-~t-\ "Vete~i~itian ?M6'ig" means a building or part of a building providing the services ofa';y~terinarian, and facilities for the medical treatment, examination, surgery, dia~:j'n'B'sis, grooming, general health care, and observation of domestic animals and birds. "Vehicle Repair Shop" means a premises used to conduct diagnostic services, repairs, detail and cleaning services or equipping of vehicles or in which the replacement of parts and services to vehicles are completed while the customer waits. Seaton Area Zoning By-law 83 Section 9.0 Draft-April 3, 2013 "Waste" means a material licensed or included within a Certificate of Approval issued by Federal, Provincial, or Regional Governments which is not hazardous and not needed by the generator of that material, that is destined for either final disposal or for reprocessing to create a useable product or material, but does not include a byproduct of a manufacturing process that is used, unaltered, in another manufacturing process. ,' ,--., ~ "Waste, Hazardous" means any substance or materiallicen~~gor included within a Certificate of Approval issued by Federal, Provincigl, or Regional Governments that, by reason of its toxic, caustic, corrosiyeor<:)tQ~rwise injurious properties, may be detrimental or deleterious to the he~lth of anyjJ(?rson handling or otherwise coming into contact with such materia.! qr substance:· . '' ' '' "Waste Processing Station" means a facility~itfli~an enclosed buildil]g vyhose primary purpose is the sorting and processtl)~()f waste tq.c;reate a new prqi::juct or raw material on site. · ·· · · ·· · -::;;~0;;·\~~:--: .. , ... -·-~(;_:·;~;-:· "Waste Transfer Station" means a facility witH;ih[·;:i~··~hclosed building whose primary purpose is the collection .. <:tnc:i ~torage of wa~t~.pr hazardous waste for shipment, and which may includ~:lifnit~d~8~ing or pr~p~~ation of that waste to facilitate its shipment for final dispQ$al ortQ~ W9 . .ste prdc~.ssing station, but does not include salvage yards or scrap.'rn~tal ya((/s}}, .• ;:•·. · · "Warehousing" my§n~ffl~.twusing brst~i~~e of go~~s, wares, merchandise, food-stuffs, substqhces, artiql~§, or things before wholesale distribution to a retailer. ~/·. ,:oc.·-__ ·c;• <;;: ·,"';' "Wholesaling" rt)~~ns tp.fdl~tti~U\iPIJ.9fgoods, wares, merchandise, food- stuffs, ~ub~tances, ~rtil::les, or things; ih large quantities, to a business or retailer for EW~J1~LI~JQfJurthergi§!ribution, processing, assembly, or retail sale . . '!•'§~.r~" mea~i:·~2riyop;~,l{·uncpvered, unoccupied space appurtenant to a building .z;<lvard, Flankage;,~~eans a s;~e yard adjacent to a street. ";;;~~J=rpnt" mE:la~~;{'a yard extending across the full width of the lot between the froritleftJin~.a.i"'dthe nearest wall of any main building on the lot for which the yard is reqi.Jiffi~:.;··t "Yard, Interior Side" means a side yard not adjacent to a street. "Yard, Rear" means a yard extending across the full width of the lot between the rear lot line and the nearest wall of any main building on the lot for which the yard is required. Seaton Area Zoning By-law 84 C.5 MC2 Appendix IV to Report CAO 03-13 List of Applicants, Application File Numbers and Legal Description of Lands subject to the Applications List of Draft Plan of Subdivision and Zoning By-law Amendment Applications Appealed to the Ontario Municipal Board Plan of Subdivision: SP-2008-03 Zoning By-law Amendment Application A 03/08 Part Lot 25, Concession 3 and Part of Road allowance Between Lots 24 and 25 Concession 3 Zavala Developments Inc. City of Pickering Plan of Subdivision: SP-2008-04 Zoning By-law Amendment Application A 04/08 Part Lot 23 and 24, Concession 3 Hunley Homes Ltd, 1350557 Ontario Limited, Affiliated Realty Corporation Limited and Chestermere Investments Limited City of Pickering Plan of Subdivision: SP-2008-05 Zoning By-law Amendment Application A 05/08 Part Lot 27 and 28, Concession 4 Zavala Developments Inc. City of Pickering Plan of Subdivision: SP-2008-06 Zoning By-law Amendment Application A 06/08 Part Lot 26 and 27, Concession 4 Hunley Homes Ltd, 1350557 Ontario Limited, Affiliated Realty Corporation Limited and Chestermere Investments Limited City of Pickering Plan of Subdivision: SP-2009-01 Zoning By-law Amendment Application A 01/09 Part Lot 25, 26 and 27, Concession 5 Hunley Homes Ltd, 1350557 Ontario Limited, Affiliated Realty Corporation Limited and Chestermere Investments Limited City of Pickering Plan of Subdivision: SP-2009-02 Zoning By-law Amendment Application A 02/09 Part Lot 25, 26 and 27, Concession 4 Hunley Homes Ltd, 1350557 Ontario Limited, Affiliated Realty Corporation Limited and Chestermere Investments Limited City of Pickering Plan of Subdivision: S-P2009-03 Zoning By-law Amendment Application A 03/09 Part Lot 24 and 25, Concession 5 Hunley Homes Ltd, 1350557 Ontario Limited, Affiliated Realty Corporation Limited and Chestermere Investments Limited City of Pickering Plan of Subdivision: SP-2009-04 Zoning By-law Amendment Application A 04/09 Part Lot 24, Concession 5 Zavala Developments Inc. City of Pickering Plan of Subdivision: SP-2009-11 Zoning By-law Amendment Application A 12/09 Part Lot 21 & 22, Concession 4 and Part Lot 21 22 & 23, Concession 5 Mattamy (Seaton) Limited City of Pickering Plan of Subdivision: SP-2009-12 Zoning By-law Amendment Application A 13/09 Part Lot 20 and 21, Concession 4 Mattamy (Seaton) Limited City of Pickering Plan of Subdivision: SP-2009-13 Zoning By-law Amendment Application A 14/09 Part Lot 25 and 26 and Part of the Road Allowance Between Lots 24 and 25, Concession 3 Mattamy (Seaton) Limited City of Pickering Plan of Subdivision: SP-2008-07 Zoning By-law Amendment Application A 07/08 Part Lots 23, 24, 25, and 26 Concession 3 and Part Lots 23 and 24 Concession 4 and Part of Road Allowance Between Lots 24 and 25 1133373 Ontario Inc. City of Pickering Plan of Subdivision: SP-2008-11 Zoning By-law Amendment Application A 22/08 Part Lots 22, 23, 24 and 25, Concession 4 1133373 Ontario Inc. City of Pickering Plan of Subdivision: SP-2008-12 Zoning By-law Amendment Application A 23/08 Part Lots 23, 24 and 25 Concession 4 and Part Lots 23, and 24 Concession 5 1133373 Ontario Inc. City of Pickering Plan of Subdivision: SP-2009-14 Zoning By-law Amendment Application A 15/09 Part Lots 24 Concession 3 1133373 Ontario Inc. City of Pickering Plan of Subdivision: SP-2009-05 Zoning By-law Amendment Application A 05/09 Part Lots 27, 28 and 29, Concession 5 White Sun Development Limited City of Pickering Plan of Subdivision: SP-2009-06 Zoning By-law Amendment Application A 06/09 Part Lots 29, 30 and 31, Concession 4 White Sun Development Limited City of Pickering Plan of Subdivision: SP-2009-07 Zoning By-law Amendment Application A 07/09 Part Lots 28 and 29, Concession 4 and Part of Road Allowance Between Lots 28 and 29 Concession 4 White Sun Development Limited City of Pickering Plan of Subdivision: SP-2009-08 Zoning By-law Amendment Application A 08/09 Part Lots 30, Concession 5 White Sun Development Limited City of Pickering Plan of Subdivision: SP-2009-09 Zoning By-law Amendment Application A 09/09 Part Lots 24, Concession 5 White Sun Development Limited City of Pickering Plan of Subdivision: SP-2011-03 Zoning By-law Amendment Application A 13/11 Part Lots 22, 23, 24, 25, 26 and 27 and Part of the Road Allowances between Lots 22 and 23, 24 and 25, and Lots 26, and 27 Concession 5 Ontario Infrastructure and Lands Corporation City of Pickering INFORMATION COMPILED FROM APPLICANT'S REVISED SUBMITTED PLAN MATTAMY (SEATON) LIMITED SP-2009-11 & A 012/09 (2013) NATURAL HERITAGE SYSTEM PROPOSED DEVELOPMENT FULL SCALE COPIES OF TH£ APPLICANT'S SUBMITTED PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT THIS MAP WAS PRODUCED BY THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT, INFORMATION & SUPPORT SERVICES. MARCH 21 2013. INFORMATION COMPILED FROM APPLICANT'S REVISED SUBMITTED PLAN INFRASTRUCTURE ONTARIO SP-2011-03 & A 13/11 (2013) 1' THE' CITY OUVC'-~'~'~'!_j~;~~C~:~'r~ ;?f:_~,~~t~i*fii'ti~ Report CR 03-13 Subject: Tender for Roof Replacement at Petticoat Creek Community Centre & Library April 15, 2013 Page 3 Discussion: The Roof Replacement at the Petticoat Creek Community Centre and Library was approved by Council in the 2013 Capital Budget in the total amount of $580,000. The Petticoat Creek Community Centre and Library was constructed in 2001. The roof design was new to the industry which provided for a flat roof detail applied to a sloping roof. Specifically, it is a "built up" roof constructed of layers of felts, fabrics and layers of bitumen, covered by a flood of gravel. Unfortunately, the roof felts have slipped on the slope resulting in tearing of the felts. The moisture then saturates the insulation reducing the insulation efficiency and providing a home for bacteria and moisture. Also, the protective gravel has migrated due to erosion by the rain and snow resulting in dislodging the flashing on the low side of the roof. The exposed layers of felts have eroded and caused leaking. This slippage as well as wind and water erosion of the protective gravel allows for blistering of the roof, drying of the membrane and deterioration of the asphalt coating which protects (water repellent) for the felts. This results in blistering and water absorption which over time through the freezing and heating cycle deteriorates the roof. The replacement work will replace the roof and damaged insulation with a 30 year guarantee on a "white roof" which provides increased insulation (additional 2") and improved R-Value for the roof. The white coating is reflective which reduces the air conditioning requirements (energy costs) in the summer months at the facility. Bids have been received to the tendering call, which closed on Thursday, March 7, 2013 for the Roof Replacement at Petticoat Creek Community Centre & Library. A mandatory site visit was held on Thursday, February 21, 2013 and 22 bidders attended of which 12 bidders submitted a tender for this project The low bidder, T. Hamilton & Son Roofing Inc., has submitted a copy of the Health & Safety Policy to be used on this project, a copy of the current WSIB Workplace Injury Summary Report and Clearance Certificate issued by WSIB that are acceptable to the Coordinator, Health & Safety. Certificate of Insurance is deemed acceptable to (Acting) Manager, Budgets & Internal Audit T. Hamilton & Son Roofing Inc. is on a current service contract with the City of Pickering to provide roof repair service as required and have completed work to the satisfaction of facilities staff. Upon careful examination of all tenders and relevant documents received, the Culture & Recreation Department recommends the acceptance of the low bid submitted by T. Hamilton & Sons Inc. for Tender No. T-3-2013 in the amount of $505,070.45 (HST included) and that the total net project cost of $523,010.00 be approved. CORP0227-07/01 revised Report CR 04-13 April 15, 2013 Subject: Tender for Roof Replacement at Fire Hall #5 Page 3 Also, the protective gravel has deteriorated due to erosion by the rain and snow. This exposes the bitumen asphalt layer to blistering and cracking and results in moisture penetrating the roof membrane. The roof's top layer will have a white painted coat with a layer of white stone which improves the efficiency and reflective qualities which qualifies it as a "white roof". The white reflective paint lowers energy costs in the summer due to reduced cooling load on the air conditioning. The replacement of the existing roof will eliminate leaking, improve roof efficiency and reduce energy costs in the building. Bids have been received to the tendering call, which closed on Thursday, March 7, 2013 for the Roof Replacement at Fire Hall #5. A mandatory site visit was held on Thursday, February 21, 2013 and 21 bidders attended of which 12 bidders submitted a tender for this project. The low bid was submitted by T. Hamilton & Sons Inc. The Health and Safety Policy, a current WSIB Workplace Injury Summary Report, Clearance Certificate issued by Workplace Safety and Insurance Board (WSIB) as submitted by T. Hamilton & Sons Inc. have been reviewed by the Coordinator, Health & Safety and deemed acceptable. Certificate of Insurance is deemed acceptable to (Acting) Manager, Budgets & Internal Audit. In conjunction with staff's review of the contractor's previous work experience, check of references and bonding available on this project, the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Culture & Recreation Department recommends the acceptance of the low bid submitted by T. Hamilton & Sons Inc. for Tender No. T-2-2013 in the amount of $119,778.87 (HST included) and that the total net project cost of $123,129.00 be approved. Attachments: 1. Location Map 2. Supply & Services Memorandum dated March 7, 2013 CORP0227-07/01 revised THIS LICENCE AGREEMENT made pursuant, to the provisions of Section 110 of the Municipal Act, 2001, chapter 25 as of the 151 day of May 2013 BETWEEN: SOLSTICE SPORT INC. (hereinafter called the "Club") and OF THE FIRST PART, THE CORPORATION OF THE CITY OF PICKERING (hereinafter called the "City") OF THE SECOND PART. WHEREAS the City is the Owner of Diana, Princess of Wales Park, located at 1550 Diefenbaker Court, Pickering AND WHEREAS the Club is incorporated pursuant to the laws of the Province of Ontario. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The parties hereto acknowledge and confirm that the recitals contained herein are true in substance and in fact. · 2. In this Agreement, the term, (a) "Department" means the City's Culture & Recreation Department; (b) "Park" means that portion of Diana Princess of Wales Park as set out by hatched lines on the sketch attached hereto and marked as Schedule A to this agreement; 3. The City grants to the Club the exclusive use of the Park as outlined in Schedule A attached hereto, for the period: May 1, 2013 to April 30, 2018 hereinafter called the "Term" and only between the hours of 8:00am and 10:00 pm, Monday through Sunday, throughout the Term. 4. The Club, its servants, cpntractors, subcontractors, agents and employees, shall comply strictly with all applicable statutes, laws, by-laws, orders, rules, ·regulations and policies now or hereinafter in force governing the operation of the Park and the conduct of the businesses of the Club and of the City, including but not limited to all applicable health and safety regulations governing the conduct and operation of the Park. 5. The Club shall, (a) be responsible for all costs related to or arising from the five (5) beach volleyball courts; (b) be responsible for all construction, maintenance, repair and operation costs for all five (5) beach volleyball courts throughout the term of this Agreement; (c) deposit with the City, before the beginning of the Term, a certificate of insurance verifying that a general liability insurance policy in the amount of at least $2,000,000 is in place in respect of injury to or death of one or more persons, or of damage to property, in a form satisfactory to the City; (d) ensure that each of its contractors and subcontractors complies with the insurance requirements set out in this Agreement by obtaining similar types of insurance and providing the Club with any policy of insurance or certificate thereof. No subcontract entered into by the Club shall impose any obligation or liability upon the City; (e) indemnify the City from and against any and all costs, claims, liabilities expenses, damages or injuries, including but not limited to any personal injury, loss of life or damage to property occurring at any time in or on the Park, however such loss, damage or injury may occur; (f) keep the beach volleyball courts in good repair and maintain the courts and all lands comprising the Park at a high level of cleanliness; (g) ensure that it uses the beach volleyball courts only during the operating hours of 8:00am to 10:00 pm, Monday through Sunday, in each calendar year throughout the Term; (h) refrain from serving alcohol or allowing the consumption of alcohol within or around the Park unless the required liquor license/permit necessary to permit the sale of alcohol for special occasions has been obtained by the Club; 2 (i) supply electrical power to the beach volleyball courts if required, at its own expense, provided that in doing so it shall not interfere with any use of any part of Diana, Princess of Wales Park (other than the Park); U) obtain the approval of the City's Director, Culture & Recreation before altering, adding to or varying in any way all or any part of the Park; (k) not advertise or place signage of any kind on the outside of the beach volleyball courts, or on the fencing surrounding the courts, without the prior approval of the City; (I) refrain from interfering with the enjoyment of Diana, Princess of Wales Park by any member of the public; (m) indemnify the City from and against any and all costs arising directly or indirectly from or associated with the Club's operation including the use of the Park by the Club; (n) permit the City, its servants, agents and employees, to have access to the Park at any time during the Term, whether or not the Club is operating, for the purpose of conducting inspections of the courts; (o) provide one handicap accessible portable washroom (in compliance with the Building Code) at the Park for the months of June to September inclusive, for each year of the Term, at the Club's expense; (p) leave the Park in a neat, tidy and clean condition at the end of the Term, and immediately repair or replace any damage to the Park resulting from the placement or use of the beach volleyball courts; (q) be responsible for the development of and be the official organizer for adult and youth beach volleyball programs-the Club will have exclusive rights to these programs; (r) be responsible, at its own expense, for all marketing of the said programs; (s) monitor and control revenues for adult and youth registrations; (t) operate the said programs from June 1-mid September in each year of the Term; and (u) provide the City with a list of all the said programs. 6. The Club shall provide the City with security in the form of either cash or an irrevocable letter of credit issued by a chartered bank in Canada in the amount of $3,000 ($600 per court), starting May 1, 2013. Such security may be drawn upon 3 by the City in such amounts, and at such times as the City, in its sole discretion deems advisable, for the purpose of maintaining the beach volleyball courts in the Park should the Owner fail to maintain the Park to the City's satisfaction. The City shall also be entitled to draw upon the security to cover any costs incurred by the City in removing the beach volleyball courts from the Park, and restoring the Park, should it become necessary for the City to do so as a result of a breach of this Agreement by the Club, or in the event that the Club vacates the Park at the end of the Term and does not renew or extend this Agreement on terms acceptable to the City. 7. The City shall not be liable to the Club for any loss of or damage to the beach volleyball courts, the Club's equipment, supplies or products, whether caused by fire, theft, burglary or otherwise. 8. All property of the Club or members of the public at any time in the Park shall be at the sole risk of the Club (or members of the public, as the case may be provided that such member of the public has voluntarily assumed such risk which transfer or risk shall be the responsibility of the Club) and the City shall not be liable for any loss or damage thereto however occurring and the Club releases the City from all claims and demands in respect of any such loss or damage. 9. The Club shall assume all liability and obligation for any and all loss, damage, or injury, including death, to persons or property that happens as a result of or arises out of the use and occupation of the Park by the Club or its members and the Club shall at all times indemnify and save harmless the City from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith. 10. (a) Notwithstanding the provisions of this Agreement, either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other provided that the Club shall remain liable to the City for any damages, costs, losses and expenses incurred by the City as a result of any breach of this Agreement by the Club. (b) Notice of early termination may be given by personal delivery or registered mail, (i) in the case of the Club, to Solstice Sport Inc. c/o Mike Slean, 285 Cachet Blvd., Brooklin, ON L 1M OC9 (ii) in the case of the City, to The City Clerk, The Corporation of the City of Pickering, Pickering Civic Complex, One The Esplanade, Pickering, Ontario, L 1V 6K7. 4 (c) Each party may redesignate the person or the address, or both, to whom or to which such notice may be given by giving written notice to the other. (d) Any notice given in accordance with this section shall be deemed to have been given on the second day following the day of delivery or the day of mailing, as the case may be. 11. (a) This Agreement is not assignable by the Club without the prior written consent of the City, which consent may be arbitrarily withheld. (b) This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns. IN WITNESS WHEREOF the parties have each executed this Agreement and have affixed their respective corporate seals as of the date first written above. SIGNED, SEALED & DELIVERED THE CORPORATION OF THE CITY OF PICKERING Debbie Shields, City Clerk David Ryan, Mayor SOLSTICE SPORT INC. 1/We have the authority to bind the corporation. 5 Report CR 07-13 Subject: Tender for West Shore Community Centre Entrance & Washroom Renovation Project 3. Approved Source of Funds Communit Centres Bud et Account Code Source of Funds 5 719. 130 3. 161 0 Federal Grants 5719.1303.1711 Internal Loan (5 year) 5719.1303.2823 Property Tax I Project Cost under (over) approved funds by Budget $104,677.00 209,000.00 667.00 $314.344.00 April 15, 2013 Page 3 Required $70,940.00 142,000.00 95.00 $213,035.00 . $101 ,3o9.oo 1 The City of Pickering was successful in receiving a Federal Grant with the Community Infrastructure Improvement Fund for the West Shore Community Centre Entrance and Washroom Renovation project that covers up to a third of the total project cost. The estimated project cost submitted for the grant application was $314,344, out of which $104,677.00 (1/3) was approved to be funded by the CIIF grant. The amount reimbursable by this grant is limited to 33.3% of the total cost of the project. The City bears the remaining share of the 66.7%. As the tender came in under than the estimated cost submitted for the grant application, the amounts to be funded from the CIIF grant and City's share have been adjusted accordingly. Table 3 provides the amount to be funded from each party according to the approved funding ratio. As per the contribution agreement for the CIIF grant, this project must be completed by March 31, 2014 and as such immediate project mobilization is critical to this project. Discussion: The West Shore Community Centre Entrance and Washroom Renovation Project was approved by Council in the 2013 Capital Budget in the amount of $314,344.00. As part of the City of Pickering Five Year Accessibility Plan (2011-2016), renovations at the West Shore Community Centre (WSCC) was identified as a 2013 capital project. A number of improvements to the WSCC entrance and washroom facilities are required in order to provide barrier free access to facility users. The West Shore Community Centre Entrance and Washroom Renovation project will include the installation of an accessible entrance with ramp and automatic doors; redesigned interior entrance space with new recycled flooring and energy efficient windows; upgraded washroom facilities with energy efficient fixtures and the installation of a new universal washroom; and, energy efficient lighting replacement to the entrance CORP0227-07/01 revised References have already been checked ·and deemed acceptable during the prequalification process of Request for Proposal No. RFP-9-20 12 · · ' Pursuant to Information to Bidders Item 32, the following will be requested of the low bidder, Direct Construction Co. Ltd. for your review during the evaluation stage of this tender call. Advise when you wish us to proceed with this task. (a) the City's certificate of insurance shall be completed by the bidder's agent, broker or insurer (received with tendering document); (b) the City's Accessibility Regulations for Contracted Services for'm currently dated and signed (received with tendering document); (c) list of Sub-Contractors in accordance with General Conditions Item 30 (received with tendering document); and (d) Waste Management Plan to be used on this project in accordance with Tendering Specifications Item 18. _ Please include the following items in your Repo~ to Council: (a) if item (a)-Insurance-is acceptable to the (Acting) Manager, Budgets & Internal Audit; (b) the appropriate account number(s) to which this work is to be charged; (c) the budget amount(s) assigned thereto; (d) Treasurer's confirmation of funding; (e) related departmental approvals; and (f) related comments specific to the project. Please do not disclose any information to enquiries except you can direct them to the City's website for the unofficial bid results as read out at the public tender opening. Bidders will be advised of the outcome in due course. ' If y u require further information, please feei free to contact me or a member of Supply & Se ices. J. VAF/jg-7 Attachll)ents March 26, 2013 Tender No. T-8-2013 West Shore Community Centre Entrance & Washroom Renovation Project Page 2 March 27, 2013 Division of Culture & Recreation City of Pickering One, The Esplinade Pickering, Ontario L 1V 6K7 Attn: Marisa Carpino, Division Head Re: Review of Tender T-8-2013: -{ \ Jurecka + Associates Architects Inc 150 Gleildale Ave. Tor·onto, M6R 2T2 tel 416-972-9385 h 866-475-7256 www. jurecka . ca West Shore Community Centre Entrance and Washroom Renovation Project Dear Ms. Carpino: The lowest tender for the West Shore Community Centre was submitted by Direct Construction Company Ltd .. The City has already prequalified this contractor as part of their recent process, so I have not sought to further review their experience at this stage .. Although we have no direct experience with them, we trust that Direct Construction Company Ltd, the lowest acceptable qualified bidder for your tender no. T-15-2012 has satisfied the tender requirements and is qualified to undertake this project as the General Contractor. Since your purchasing policy requires that you take the lowest bid, we accept that you award the contract to Direct Construction Company Ltd,. on the basis of their bid submitted March 26, 2013. The base bid (including HST) should result in a contract amount of $162,720.00. We further advise that you carry a contingency of at least 10% for unforeseen conditions or associated project expenses. Sincerely, Paul Jurecka OAA Jurecka + Associates Architects Inc. Report ENG 03-13 Subject: T-1-2013 Asphalt Resurfacing on Various City Streets April 15, 2013 Page 3 Discussion: As part of the 2013 Roads Capital Budget, asphalt resurfacing of Abingdon Court, Annland Street, Aspen Road, Bowler Drive, Denmar Road, Downland Drive, Eyer Drive, Feldspar Court, Pickering Parkway and Radom Street were approved as construction projects. The original scope of work as proposed in the 2013 Budget for Pickering Parkway included the final lift of asphalt. After the budget approval process, this portion was removed from the scope of work for Pickering Parkway. Veridian Connections and Hard Co Construction are still working in this area and the completion of their work is unknown at this time. The detail design for proposed traffic signals at Pickering Parkway and Glenanna Road has not been determined. For these reasons, the final lift of asphalt for Pickering Parkway will be proposed in the 2014 Capital Budget. Tender No. T-1-2013 was issued on Thursday, February 7, 2013 and closed Wednesday, February 27, 2013. The low bid submitted by D.Crupi & Sons Limited is recommended for approval. The total gross project cost is estimated at$ 1,382,434 (HST included), with an estimated total net project cost of $1,244,925 (net of HST rebate). References for D.Crupi & Sons Limited have been checked and are deemed acceptable by the Manager, Capital Projects & Infrastructure. The Health & Safety Policy, proof of Confined Space Entry Procedure and a list of employees trained, a current WSIB Workplace Injury Summary Report and Certificate of Clearance issued by Workplace Safety & Insurance Board as submitted by D.Crupi & Sons Limited, have been reviewed by the Coordinator, Health & Safety and deemed acceptable. The Certificate of Insurance has been reviewed and is deemed acceptable. In conjunction with staff's review of the contractor's previous work experience and the bonding available on this project, the tender is deemed acceptable. Upon careful examination of all tenders and relevant documents received, the Engineering & Public Works Department recommends acceptance of the low bid submitted by D.Crupi & Sons Limited, for Tender No. T-1-2013 in the amount of $1 ,229,510.39 (HST included) and that the total net project cost of $1,244,925 be approved. Attachments: 1. Supply & Services Memorandum dated February 27, 2013 2. Record of Tenders Opened and Checked 3. Location Maps CORP0227-07/01 revised ENGINEERING&. PUBLIC WORKS DEPARTMENT Attachment for Tender T -1-2013 Asphalt Resurfacing on Various City Streets Location Map -Pickering Parkway Location Map-Radom Street Page 15 Conferences ($) Mayor D. Ryan 786 786 Councillors K. Ashe 2,233 D. Dickerson 1,156 B. Mclean 2,542 J. O'Connell 1,956 D. Pickles 3,990 P. Rodrigues - 11,877 Statement of Treasurer Members of Council Detailed Breakdown of 2012 Expenses Pager & Cell Telephone Newsletter/ Meals Phones & Internet (1} Postage RecRt/Prom ($) ($) ($) ($) 1,597 --20,596 1,597 --20,596 1,545 2,196 3,139 215 1,698 2,103 356 2,157 1,449 954 2,518 989 1,546 1,803 2,253 1 '116 1,423 822 2,829 865 225 875 1,674 487 7 ,886 8,753 12,769 5,829 Outside Agencies ($) - - 1,626 781 1,600 2,683 6,690 (1) Councillors-home telephones and internet charges provided under Council Compensation Policy Office SugRiies ($) - - 242 344 749 321 296 282 2,234 Total 'Exgenses ($) 22 979 22,979 11 '196 7,814 9,201 9,776 11 ,825 6,226 56,038 ~ > 0 :r: 3 rn z ~ FJ d ~ m "'0 0 ~ ~ 0 1;' -LA. AlTACHMENT#J;LTOREPORT#.u& IJ 13 Statement of Treasurer Council Appointees 2012 Remuneration and Expenses Remuneration Expenses (4) Total Accessibility Advisory Committee (1) Councillor O'Connell (5) T. Arvisais (5) M. Brenner (6) K. Falconer (5) I. Fogo (5) S. Little (5) T. Logan (9) D. Manning (5) A. Heywood-Delpeache (5) D. Sharma (6) D. Tierney (5) S. Wikinson (5) J. Yacoudmidis (5,17) Advisory Committee on Diversity (1) Councillor Ashe (5) K. Mark (5) C. Miller (5) D. Panesar (5) C. Reidt (5) J. Yacoudmidis (5) Animal Services Appeal Committee (1) Councillor Mclean (5) B. Guest (5) M. O'Brien {5) Committee of Adjustment (1 ,2) T. Copeland (5) D. Johnson (5) E. Newton (5) W. Utton (5) S. Van Steen (5) $ $ $ -- -- ----------"""""' - 1,280 212 1,492 1,280 68 1,348 11120 47 1,167 1,280 189 1,469 1,200 182 1,382 U§.Q Q..9.8 ~ Statement of Treasurer Council Appointees 2012 Remuneration and Expenses Remuneration Expenses (4) Total $ $ $ Heritage Pickering Advisory Committee (1) Councillor Rodrigues (5) T. Besso (5) S.lyer(11) W. Jamadar (5) C. Julien (5, 13) J. Mehak(10,17) E. Mason (6) M. Munawar (11) E. Pryswitt (10,15) D. Quaife (5, 14) D. Rundle (7) M. Sawchuck (5) S. Sheehan (5) C. Sopher (1 0) L. Svekis (7,13) J. Van Huss (8) ----------Pickering Public Library Board (1) Councillor Ashe (5) Councillor D. Dickerson (5) M. Anderson (5) B. Clifford (5, 16) R. Coelho (5) B. James (5) C. Julien (5) A. Naqvi (5) J. Sabean (5) A. Shanahan (5) S. Van Steen (12) ------------Pickering Museum Advisory Committee (1) Councillor Mclean (5) K. Chalmers (5) R. Cowan (5) L. Drake (5) K. Emmink (5) D. Hudson (5) B. James (5) R. Lawson (5) D. Nita (5) P. Savel (5) S. Suckling (5) ------ Statement of Treasurer Council Appointees 2012 Remuneration and Expenses ------ Remuneration Expenses (4) Total $ $ $ Property Review Committee (1) P. Dickson (5) R. Farrell (5) G. Fernandes (5) C. Lavoie (5) J. Singleton (5) ------------ Taxicab Advisory Committee (1) Councillor Mclean (5) D. Bergin (5) ------------ Waterfront Coordinating Committee (1) Councillor Dickerson (5) Councillor O'Connell (5) J. Berry (5) K. Corcoran (5) J. Dike (5) K. Falconer (5) M. Robbins (5) P. Short-Galle (5) J. Veronneau (5) S. Wiley (5) ---- ------ Livestock Valuers (1) J. Laider (5) 240 11 251 Durham Region Transit (3) P. Przybyla (7) ------ Notes to Council Appointees:: All payments are authorized under Council's adoption of the 2012 Current Budget. ( 1) Authority: By-law 7095/10 Municipal Act, 2001 Section 283 (2) Authority: By-law 5242/98 Municipal Act, 2001 Section 283 Notes to Council Appointees Continued ...... . (4) Expenses include conferences, travel and meeting expenses. (5) Council appointees are for a new term commencing December 1, 2010 and ending November 30, 2014 under City of Pickering Resolution #172/1 0 for a term to expire November 30, 2014. (6) Resolution #143/11, Council appointee for a term to expire November 30, 2014 (7) Resolution #13/11, Council appointee for a term to expire November 30, 2014 (8) Resolution #172/11, Council appointee for a term to expire November 30, 2014 (9) Resolution #16/11, Council appointee for a term to expire November 30, 2014 (1 0) Resolution #32/12, Council appointee for a term to expire November 30, 2014 (11) Resolution #117/12, Council appointee for a term to expire November 30, 2014 (12) Resolution #162/12, Council appointee for a term to expire November 30, 2014 (13) Resigned January, 2012 (14) Resigned July, 2012 (15) Resigned September, 2012 (16) Resigned October 26, 2012 (17) Resigned December 2012