THE CONDITIONS OF THE COUNCIL OF THE TOWN OF MARKHAM TO BE SATISFIED
PRIOR TO RELEASE FOR REGISTRATION OF PLAN OF SUBDIVSION 19TM-06003A (CATHEDRAL
TOWN PHASE III - CATHEDRAL TOWN LIMITED, FORMERLY PART OF PLAN OF SUBDIVISION
19TM-06003) ARE AS FOLLOWS:
1.1 Approval shall relate to Draft Plan of Subdivision 19TM-06003A prepared by MMM Group, identified as Drawing Number 14-08202-001-P01, dated August 8, 2008.
1.2 The Owner acknowledges that revisions to the draft plan of subdivision in order to meet the requirements of Condition 17.9, if necessary, and to address any minor adjustments to the development limits associated with the Carlton Creek valley and associated environmental buffer, to the satisfaction of the TRCA.
1.3 The Owner acknowledges that revisions to the draft plan of subdivision are required to accommodate 0.3 metre reserves, road widenings and sight triangles in accordance with Conditions 2.11 and 16.19 (c);
1.4 This draft approval shall apply for a maximum period of three (3) years from the date of issuance by the Town, and shall accordingly lapse on _____________, unless extended by the Town upon application by the Owner.
1.5 The Owner shall enter into a subdivision agreement with the Town agreeing to satisfy all conditions of the Town and Agencies, financial and otherwise, prior to release for registration of the draft plan.
1.6 The Owner acknowledges and understands that prior to final approval of this draft plan of subdivision, amendments to Zoning By-laws 304-87 and 177-96 to implement the plan shall have come into effect in accordance with the provisions of the Planning Act.
1.7 The Owner acknowledges and agrees that the draft plan of subdivision and associated conditions of draft approval may require revisions, to the satisfaction of the Town, to implement or integrate any recommendations resulting from studies required as a condition of draft approval, or to incorporate comments and approval conditions not yet received from commenting agencies or Town departments.
2 Roads
2.1 The Owners acknowledge and agree that the
road allowances included within the draft plan of subdivision shall be named to
the satisfaction of the Town and the Regional Planning and Development Services
Department.
2.2 The road
allowances within the draft plan shall be dedicated as public highway, free of
all costs and encumbrances, to the satisfaction of the Town of
2.3 The
Owner shall covenant and agree in the subdivision agreement that the public
highways shall be designed, secured and constructed in accordance with
established municipal standards to the satisfaction of the Town of
2.4 The Owner shall convey, upon registration of the plan of subdivision, a 0.3m reserve (Block 6) to the Town of Markham, free of all costs and encumbrances.
2.5 The
Owner shall covenant and agree in the subdivision agreement to provide
temporary turning circles and any necessary easements where required at their
cost. The Owner shall also covenant and
agree in the subdivision agreement to remove the temporary turning circles and
restore the streets to their normal condition at their cost when required by
the Town, to the satisfaction of the Town of
2.6 The
Owner shall covenant and agree in the subdivision agreement to provide
adjustment to road allowances in lanes to provide space for utilities etc., as
required by the Town of
2.7 The Owners acknowledge and agree that the road allowances within the draft plan shall have right-of-way widths satisfactory to the Town in accordance with the Internal Traffic Impact Study and the External Traffic Impact Study.
2.8 The Owner shall covenant and agree in the
subdivision agreement to obtain Region of York approval to provide direct
construction access from any Regional roads and to provide the Town with a copy
of this approval. More specifically, the
Owner shall covenant and agree in the subdivision agreement that no
construction traffic shall be allowed through the intersection of
2.9
The owner shall acknowledge in
the Subdivision Agreement that only one full movement access from the Woodbine
Avenue By-pass shall be permitted to the blocks on the draft plan and that it
will be located at the boundary between Blocks 3 and 4. All costs
associated with signalization of the access, if warranted, shall be at the
expense of the owner. The owner further
acknowledges that a shared access driveway with a mutual right of way easement
between blocks 3 and 4 shall be required at this location as a condition of
site plan approval, to provide access to these blocks from the Woodbine
By-pass.
2.10
The owner shall acknowledge in the subdivision
agreement that there shall be no direct, full movement access to Block 2 from
the Woodbine Avenue By-pass.
2.11 The draft plan of subdivision shall be
redlined to show a continuous 0.3 metre reserve along the full length of the
west side of the Woodbine Avenue By-pass, with the exception of the single
driveway between Blocks 3 and 4. This reserve shall be conveyed to the
Region of York as a condition of draft plan approval.
2.12
The owner shall acknowledge in the Subdivision Agreement that the Region or the
Town may require conveyance of mutual easements over blocks 2, 3, and 4 and
other property owners on the west side of Woodbine By-pass, as a condition of
site plan approval, in order to provide for private internal driveway
interconnections between blocks. The owner shall further acknowledge that
the Region or the Town may require a traffic circulation study for each parcel
as a condition of site plan approval, to assist in the determination as to
whether vehicular interconnections and cross easements between blocks are
required. The traffic study may include
an examination of the following parameters:
a) The
volume of traffic generated by the blocks in question;
b) The
driveway operations with and without the interconnections;
c) The
impact of interconnections on parking yield and on-site circulation
2.13
The owner shall covenant and agree in
the subdivision agreement, to include the following clause in all agreements of
purchase and sale for Blocks 3 and 4:
“The purchaser is advised that the
only access to the Woodbine Avenue By-pass shall be by means of a shared mutual
driveway over blocks 3 and 4, and that mutual easements between blocks 3 and 4
shall be required for access to the woodbine avenue by-pass, as a condition of
site plan approval.”
2.14 The owner shall covenant and agree in the
subdivision agreement to include the following clause in all agreements of
purchase and sale for Block 2:
“The purchaser is advised that direct
full movement access to the woodbine avenue by-pass shall not be permitted from
this block.”
2.15 The owner shall covenant and agree in the
subdivision agreement to include the following clause in all agreements of
purchase and sale for Blocks 2, 3 and 4:
“The purchaser is advised that the
Town of Markham and/or the Region of York may require the owner to convey
mutual easements in favour of other land owners on the west side of woodbine
avenue by-pass, as a condition of site plan approval, to provide for private
internal driveway interconnections between blocks.
The purchaser is further advised
that a traffic circulation study, to the satisfaction of the Town of Markham
and Region of York, may be required by the Town or the Region of York as a
condition of site plan approval, to assist in the determination as to whether
or not vehicular interconnections and cross easements between blocks are
required. The traffic study may include
an examination of the following parameters:
a) The
volume of traffic generated by the blocks in question;
b) The
driveway operations with and without the interconnections;
c) The
impact of interconnections on parking yield and on-site circulation”
3.1 The subdivision agreement shall include a clause advising future land owners that detailed Noise Impact Studies shall be required as a condition of site plan approval and that any required remediation measures, as set out in these studies, shall be implemented through clauses in the site plan agreements. All Noise Impact Studies shall be prepared to the satisfaction of the Director of Engineering and will be subject to peer review. All costs for peer review shall be borne by the future land owners.
4.1 The Owner shall submit an overall tree inventory and preservation plan, which has been prepared by a qualified Landscape Architect in good standing with the O.A.L.A., or a certified Arborist, to the satisfaction of the Commissioner of Development Services, prior to the execution of a subdivision agreement for any portion of the draft plan of subdivision. The tree preservation plan shall be based on information taken from a registered survey plan, showing the exact location of the trees to be preserved, location of protective hoarding, final grading, proposed municipal services and utilities, and conceptual building envelopes and driveway locations.
4.2 The Owner shall covenant and agree to locate by survey all specimen trees deemed “Worthy of Protection” as per Figures 3 and 4 of the Gartner Lee Tree Preservation Plan for the West Cathedral Community dated April 2003 and to erect tree preservation fencing around these specimens.
4.3 The Owner shall covenant and agree in the subdivision agreement to obtain written approval of the Town prior to the removal of any trees within the area of the draft plan.
4.4 Prior to final approval of the draft plan, the Owner shall submit landscape plans based on the approved Cathedral Community Design Plan, to the satisfaction of the Town. These plans are to be prepared by a qualified landscape architect with seal in good standing with the O.A.L.A. and shall include the following:
a) a streetscape master plan for Street ‘A’ showing a maximum spacing of 1 tree every 10 metre. Planting of street trees shall be secured through the site plan approval process. The size, spacing and species selected shall be to the satisfaction of the Town.
b) detailed landscape plans for Open Space Block 5.
c) street tree planting and sidewalks for the Woodbine By-Pass.
d) fencing to the satisfaction of the Ministry of Transportation Ontario where blocks abut Highway 404.
e) 1.5 metre high black vinyl chain link fencing of the open space block 5 where abutting the business park.
f) landscape plans and landscape works for open space blocks, including naturalized planting and pathways;
g) any other landscaping as determined by the Community Design Plan.
4.5 The Owner covenants and agrees that the detailed design and construction of all landscaping shall be at no cost to the Town and in accordance with the provisions of the approved landscape plans.
4.6 The Owner shall covenant and agree that provision shall be made in the subdivision agreement for a letter of credit, in an amount to be determined by the Town, to ensure compliance with applicable tree preservation, fencing, streetscape, open space block and other landscaping requirements.
5 Parks and Open Space
5.1 The Owner covenants and agrees to work with the
Developer’s Group to secure terms and conditions to the satisfaction of the
Town which would guarantee, in perpetuity, the complete and unencumbered
conveyance of all parkland as required within the Cathedral Secondary Plan Area
as shown within the approved Cathedral Community Design Plan.
5.2 The Owner covenants and agrees that the
plan of subdivision shall not be released for registration by the Town until
the Trustee delivers a release to the Town stating that the Owner is in good
standing and has complied with the terms of the Developer’s Group for provision
of parkland that is satisfactory to the Town.
5.4 Prior to registration, the Owner agrees to convey to the Town, free of all costs and encumbrances Block 5 as an Open Space Block within this draft plan. This block shall be conveyed in a physical condition which is satisfactory to the Town.
5.5 The Owner shall covenant and agree to rough grade, topsoil, seed and maintain (free of stock piles and debris) all vacant lands within the subdivision to the satisfaction of the Town. The vacant blocks shall be maintained until such time as the ownership of the blocks has been transferred. No stockpiling of materials, including topsoil and fill, shall occur on any lands to be conveyed to the Town. Topsoil stockpiling shall be limited to areas in a second or subsequent phase of subdivision build-out.
5.6 The Owner acknowledges that should the works set out in Condition 5.5 not be completed and maintained to the satisfaction of the Commissioner of Development Services, the Town will do the work as required and draw on the letters of credit for all costs so incurred plus 10% for contract administration.
6. Stormwater Management
6.1
The Owner shall incorporate the
requirements and criteria of the Environmental and Stormwater Master Plan by
6.2 Prior
to release for registration of the draft plan, the Town and the
6.3 Upon registration of the plan of subdivision, the Owner shall convey all necessary Blocks to the Town for storm water management purposes, including overland flow routes, free of all costs and encumbrances, in accordance with the recommendations of the Stormwater Management Study, to the satisfaction of the Town and the TRCA.
6.4 The Owner shall covenant and agree in the subdivision agreement to undertake the monitoring of watercourse temperatures which may be affected by storm drainage from its development, subject to consultation with, and to the satisfaction of the Director of Engineering. Alternatively, the Owner has the option to provide the Town with cash-in-lieu of the monitoring program in the amount of $200/ha for the total land area included in the Plan of Subdivision. This cash-in lieu will be used to implement a town-wide watercourse monitoring program. Regardless of the option selected the Owner covenants and agrees, as and when required by the Director of Engineering, at the Owner’s expense, to implement the recommendations of the monitoring program to the satisfaction of the Director of Engineering.
6.5 The Owner shall incorporate the requirements and criteria of the approved Water Balance Study into the approved draft plan of subdivision and subdivision agreement.
7. Municipal Services
7.1 The Owner shall acknowledge and agree in the subdivision agreement that final approval of the draft plan shall be subject to the Town being satisfied that adequate water supply and sanitary sewer allocation is available to service the development.
7.2 Prior to release for registration of the draft plan, the Owner shall prepare, to the satisfaction of the Town, a Functional Servicing Report, in accordance with the approved Master Servicing Plan, to determine the infrastructure required for all municipal services internal and external to the subdivision, including sewers, water mains, and roads. Any requirements resulting from this Report shall be incorporated into the draft plan and provided for in the subdivision agreement.
7.3 The Owner shall acknowledge and agree in the subdivision agreement that building permits will not be issued until the Director of Building Services has been advised by the Director of Engineering that water, sewage treatment, utilities and roads satisfactory to the Director of Engineering are available to the lands, except that building permits may be issued for model homes upon terms and conditions established by the Town.
7.4 Prior to release for registration of the draft plan, detailed engineering drawings shall be provided by the Owner in accordance with the approved Functional Servicing Report, which will include, but not be limited to grading control plans, plan and profile drawings of all underground and aboveground services, general plans, drainage plans, composite utility plans, storm water management detail plans, etc. to the satisfaction of the Town.
7.5 The Owner shall covenant and agree in the subdivision agreement that the public highways, curbs, gutters, sidewalks, underground and aboveground services, street lights, street signs, etc., shall be designed in accordance with the Town’s design criteria, standards and general engineering principles and established municipal standards to the satisfaction of the Director of Engineering.
7.6 The Owner shall covenant and agree in the subdivision agreement that they shall be required to construct, or pay for the construction of, roads, curbs, gutters, sidewalks (in accordance with the applicable Council policy), underground and above ground services, street lights, street signs, utilities, stormwater management facilities, etc., to the satisfaction of the Town.
7.7 The Owner shall prepare and submit an analysis of water supply and pressures for the internal water system to the satisfaction of the Director of Engineering, and comply with any applicable requirements, conditions or assessed costs established by the Town, the Region of York or any other authorized agencies prior to the registration of any portion of the draft approved plan.
7.8 The Owner shall acknowledge and agree in the subdivision agreement that building permits will not be issued for lands in any stage of development within the draft plan of subdivision until the Director of Building Services has been advised by the fire Chief that there is adequate water supply for firefighting operations and acceptable access for fire fighting equipment is available.
7.9 Prior to registration of the subdivision agreement, the Owner shall prepare a Hydrogeological Study, in accordance the approved water balance study, to determine the mitigation measures required for all municipal services internal and external to the subdivision including sewers, watermains, and roads. Any requirements resulting from this report shall be incorporated into the draft plan and provided for in the subdivision agreement.
7.10 The Owner shall covenant and agree in the subdivision agreement to obtain approval of Erosion and Sediment Control Plans in accordance with the Town’s standards prior to proceeding with any on-site works and more particularly topsoil stripping.
7.11 The Owner shall covenant and agree in the subdivision agreement that no pre-servicing will occur until the engineering drawings are approved, a pre-servicing agreement is executed, the site alteration drawings have been approved, and the necessary securities are provided.
8. Community Design
Plan
8.1 The Owner shall covenant and agree in the subdivision agreement to incorporate the requirements and criteria of the Community Design Plan into all municipal works, site plan and building permit applications within the plan of subdivision.
8.2 The Owner shall covenant and agree in the subdivision agreement to contribute a proportional share to the Victoria Square Streetscape Improvement Study.
9. Easements
10.1 The Owner shall grant required easements to the appropriate authority for public utilities, drainage purposes or turning circles, upon registration of the plan of subdivision. Any off-site easements and works necessary to connect watermains, storm and sanitary sewers to outfall trunks and stormwater management facilities shall be satisfactory to, and dedicated to, the Town.
10. Utilities
10.1 Prior to release for registration of the draft plan, the Owner shall prepare an overall utility distribution plan (Composite Utility Plan) to the satisfaction of the Town and all affected authorities.
10.2 The Owner shall covenant and agree in the subdivision agreement that hydro electric, telephone, gas and television cable services, and any other form of telecommunication services shall be constructed at no cost to the Town as underground facilities within the public road allowances or within other appropriate easements, as approved on the Composite Utility Plan, to the satisfaction of the Director of Engineering and authorized agencies.
10.3 The Owner shall covenant and agree in the subdivision agreement to enter into any agreement or agreements required by any applicable utility companies, including Powerstream, Enbridge Consumers Gas, telecommunications companies, etc.
10.4 The Owner shall covenant and agree in the subdivision agreement that it will permit any telephone or telecommunications service provider to locate its plant in a common trench within the proposed subdivision prior to registration provided the telephone of telecommunication services provider has executed a Municipal Access Agreement with the Town. The Owner shall ensure that any such service provider will be permitted to install its plant so as to permit connection to commercial units within the subdivision as and when each unit is constructed.
10.5 The Owner covenants and agrees to advise all utility and telecommunication carriers that plans for medium or large size vaults are to be submitted to the Town for review and shall be subject to site plan approval. Drawings are to be approved by the Commissioner of Development Services and are to include, but are not limited to, site plans, grading plans, fencing and landscape plans, elevations of structures.
11. Ministry of
Transportation
11.1 Prior to release for registration of the draft plan, the Owner shall submit to the Ministry of Transportation for review and approval a copy of the stormwater management report, site grading and servicing plan, addressing the intended treatment of the calculated runoff.
11.2 Prior to final approval, the owner shall submit to the Ministry of Transportation for review and approval a copy of a detailed Traffic Impact Study.
11.3 Prior to final approval, the owner shall submit to the Ministry of Transportation for review and approval a copy of a detailed calculation and illumination plan for Blocks 1, 2, 3, 4.
12. Development
Charges
12.1 The Owner covenants and agrees to provide written notice of all development charges related to the subdivision development, including payments made and any amounts owing, to all first purchasers of lands within the plan of subdivision at the time the lands are transferred to the first purchasers.
12.2 The Owner covenants and agrees to pay all necessary fees and development charges at the time of execution of the subdivision agreement.
13. Environmental
Clearance
13.1. Prior to release for registration of the draft plan, the Owner shall:
a) submit
environmental site assessment reports prepared by a Qualified Person in
accordance with the Record of Site Condition Regulation (O. Reg. 153/04)
describing the current conditions of the land to be conveyed to the Town and
any proposed remedial action plan, for peer review and concurrence;
b) at
the completion of any necessary site remediation process, submit certification
from the Qualified Person that the necessary clean up has been carried out and
that the land to be conveyed to the Town meets the Site Condition Standards of
the intended land use;
c) file
a Record of Site Condition on the Provincial Environmental Site Registry for
the land to be conveyed to the Town, and
d) pay
all costs associated with the Town retaining a third-party reviewer for the
peer review service.
13.2 The Owner shall covenant and agree in the subdivision agreement that if
during construction of any infrastructure or building within the subdivision
contaminated soils are discovered, the Owner shall submit a further remedial
action plan to the Town for peer review and concurrence prior to carrying out
the clean up, to the satisfaction of the Director of Engineering.
14. Heritage
14.1 Prior to release for registration of the draft plan of subdivision or any phase thereof, the Owners shall carry out a cultural heritage resource assessment for the lands within the draft plan to ensure the assessment and identification of appropriate treatment of built heritage and archaeological resources, and further to mitigate any identified adverse impacts to significant heritage resources to the satisfaction of the Town (Commissioner of Development Services) and the Ministry of Tourism, Culture and Rec0reation. No demolition, grading, filling or any form of soil disturbances shall take place on the lands within the draft plan prior to the issuance of a letter from the Ministry of Tourism, Culture and Recreation to the Town indicating that all matters relating to heritage resources have been addressed in accordance with licensing and resource conservation requirements.
14.2 The Owner
shall covenant and agree in the subdivision agreement to implement any measures
recommended by the heritage resource assessment, to the satisfaction of the
Town and the Ministry of Tourism, Culture and Recreation.
15. Other Town
Requirements
15.1 Prior to release for registration of the draft plan or any component thereof, the Owner shall enter into a Developers Group Agreement(s) to ensure the provision of community and common facilities such as school sites, municipal services, parks and public roads, and sites for places of worship in the West Cathedral Community, to the satisfaction of the Commissioner of Development Services and Town Solicitor, and a certificate confirming completion of such agreement(s) shall be provided to the Town by the Developers Group Trustee to the satisfaction of the Town Solicitor.
15.2 The Owner acknowledges and agrees that final approval of the draft plan of subdivision may be issued in phases provided that:
a) phasing is proposed in an orderly progression generally consistent with the phases identified in the approved Development Phasing Plan; and,
b) all concerned government agencies agree to registration by phases and provide the clearances as required in Condition 22 for each phase.
16. Region of
16.1 The road allowances included
within the draft plan of subdivsion shall be named to the satisfaction of the
area municipality and the Regional
16.2 York Region shall confirm that
adequate water supply capacity and sewage treatment capacity are available and
have been allocated by the Town of
16.3 The owner acknowledges that revisions to the draft plan of subdivision may be required to incorporate the recommendations of the approved Environmental Assessment Study for the proposed Highway 404 Fly-Over. These revisions shall be in conformity with the recommendations of the approved Environmental Assessment.
16.4 The Holding (h) provisions of Section 36 of the Ontario
a. the Environmental Assessment Study for the Highway 404 Fly-Over has been approved; and,
b. Red line revisions to the draft plan of subdivision, if required,
have been approved by the Town of
16.5 The Owner shall convey all lands required for the Woodbine Avenue By-pass in accordance with the terms of the Tri-Party Agreement with the Town, the Region of York and the West Cathedral Landowners’ Group respecting the Woodbine Avenue By-pass.
16.6 In order to determine the property dedications required to achieve the ultimate right-of-way width of the Woodbine Avenue By-pass abutting the subject site, the applicant shall submit to the Region for approval, a plan of survey for the property that illustrates the Woodbine Avenue By-pass lands which are to be conveyed.
16.7 Prior to the Final Approval the engineering drawings for the
Woodbine Avenue By-pass shall be approved by the Town of
16.8 The Owner shall have prepared, by a qualified professional transportation consultant, a functional transportation report/plan outlining the required York Region road improvements for this subdivision. The report/plan, to be submitted to the York Region Transportation and Works Department for review and approval, shall explain all transportation issues and shall recommend mitigative measures for these issues.
16.9 The Owner shall agree in the subdivision agreement, in wording satisfactory to the York Region Transportation and Works Department, to implement the recommendations of the functional transportation report/plan as approved by the York Region Transportation and Works Department.
16.10 The Owner shall submit detailed engineering drawings, to the York Region Transportation and Works Department for review and approval that incorporate the recommendations of the functional transportation report/plan as approved by the York Region Transportation and Works Department. Additionally, the engineering drawings shall include the subdivision storm drainage system, erosion and siltation control plans, site grading and servicing, plan and profile drawings for the proposed intersections, construction access and mud mat design, utility and underground servicing location plans, pavement markings, electrical drawings for intersection signalization and illumination design, traffic control/construction staging plans and landscape plans.
16.11 Prior to Final Approval, the Owner shall provide a set of engineering drawings, approved by the area municipality, which indicates the storm drainage system, the overall grading plans and all proposed accesses onto York Region roads, for all lands within this plan of subdivision, to the York Region Transportation and Works Department for verification that all York Region’s concerns have been satisfied.
16.12 Prior to Final Approval and concurrent with the submission of the subdivision servicing application (MOE) to the area municipality, the Owner shall provide a set of engineering drawings, for any works to be constructed on or adjacent to the Regional road, to the Roads Branch, Attention: Manager, Development Approvals, that includes the following drawings:
a) Plan and Profile for the Regional road and intersections;
b) Grading and Servicing;
c) Intersection/Road Improvements, including the recommendations of the Traffic Report;
d) Construction Access Design;
e) Utility and underground services Location Plans;
f) Signalization and Illumination Designs;
g) Line Painting;
h) Traffic Control/Management Plans;
i) Erosion and Siltation Control Plans;
j) Landscaping Plans, including tree preservation, relocation and removals.
16.13 The Owner shall provide drawings for the proposed servicing of the site to be reviewed by the Engineering Department of the area municipality. Three (3) sets of engineering drawings (stamped and signed by a professional engineer), and MOE forms together with any supporting information, shall be submitted to the York Region Transportation and Works Department, Attention: Mrs. Eva Pulnicki, P.Eng.
16.14 The location and design of the construction
access for the subdivision work shall be completed to the satisfaction of the
York Region Transportation and Works Department and illustrated on the
Engineering Drawings.
16.15 Any existing driveway(s) along York Region road frontage of this subdivision must be removed as part of the subdivision work, at no cost to York Region.
16.16 Elevations along the streetline shall be 0.3 metres above the centerline elevations of the Regional roadway.
16.17 Prior to Final Approval the Owner shall provide a copy of the duly executed/approved local subdivision agreement to the York Region Transportation and Works Department, outlining all requirements of the York Region Transportation and Works Department.
16.18 The Owner shall submit drawings depicting the following to the satisfaction of York Region staff:
a) All existing woody
vegetation within the
b) Tree protection measures
to be implemented on and off the
c) Any woody vegetation
within the
d) A planting plan for all
new and relocated vegetation to be planted within the
Tree planting shall be undertaken in accordance with York Region standards as articulated in Streetscaping Policy and using species from the Regional Street Tree Planting List. These documents may be obtained from the Forestry Section. If any landscaping or features other than tree planting (e.g. flower beds, shrubs) are proposed, they will require the approval of the local municipality and be supported by a maintenance agreement between the municipality and York Region for area municipal maintenance of these features. In addition, the agreement should indicate that where the area municipality does not maintain the feature to the Region’s satisfaction, the area municipality will be responsible for the cost of maintenance or removal undertaken by the Region.
16.19 The
following lands shall be conveyed to York Region for public highway purposes,
free of all costs and encumbrances:
a) a 15.0
metre by 15.0 metre daylight
triangle at the northwest and southwest corners of Woodbine Avenue By-Pass and Street ‘A’;
b) an additional 2.0 metre widening, 40
metres in length, together with a 60
metre taper for the purpose of a southbound right turn lane at the intersection
of Woodbine Avenue By-Pass and Street ‘A’; and
c) a 0.3 metre reserve
across the full frontage of the site where it abuts Woodbine Avenue By-Pass and adjacent to the above noted widenings, except abutting dedicated
green spaces, parks, ponds, future Town owned roadways and opposite the
intersection of High Street and the Woodbine By-pass.
16.20 The Owner shall provide a solicitor's
certificate of title in a form satisfactory to the York Region Solicitor, at no
cost to York Region with respect to all lands to be conveyed to York Region.
16.21 York Region requires the Owner of the site to submit an environmental
audit, prepared by a qualified professional, of all lands to be conveyed to
York Region. The audit will contain the requirements of the Phase 1 Environmental
Site Assessment, as per applicable
16.22 No direct access shall be permitted to Woodbine Avenue By-pass.
16.23 Street ‘A’ shall be
designed to intersect Woodbine Avenue By-pass at a right angle and shall be
located directly opposite
16.24 The intersection of Woodbine Avenue By-pass at Betty Roman Boulevard/Street ‘A’ shall be designed to the satisfaction of the York Region Transportation and Works Department with any interim or permanent intersection works including turning lanes, profile adjustments, illumination and/or signalization as deemed necessary by The York Region Transportation and Works Department.
16.25 No intersection or non-residential access shall be permitted on Street ‘A’ within 60.0 metres of the widened limit of Woodbine Avenue By-Pass.
16.26 The owner shall agree in the
subdivision agreement to construct sidewalks along the subject lands’ frontage
onto roadways that will have transit services.
Sidewalks shall be constructed on both sides of those roadways unless
only one side of the street lies within the limits of the subject lands. Future York Region Transit (YRT) services are
planned for the following roadways:
· Woodbine Avenue By-pass
Sidewalks and concrete pedestrian
access shall be provided in accordance with OPSD 310.010, 310.020, 310.030 and
should be provided “at grade” (i.e. without stairs, inclines, etc.).
16.27 Subject to approval by YRT,
passenger standing areas and shelter pads shall be provided at the following
locations:
|
|
|
Location |
Standard |
Traffic Signal Request |
|
Woodbine Ave By-Pass |
|
NW corner |
YRT-1.02 or
YRT-1.03 |
Yes |
|
Woodbine Ave
By-Pass |
|
NE corner of Block
3 |
YRT-1.02 or YRT-1.03 |
|
|
Woodbine Ave
By-Pass |
Future “T”
intersection |
West side (@ block 4) |
YRT-1.02 or YRT-1.03 |
|
The passenger standing
areas/shelter pads shall be provided at no cost to York Region and concurrent
with construction of necessary sidewalks.
16.28 The
owner shall agree in the subdivision agreement that the required passenger
standing areas/shelter pads shall be installed to the satisfaction of the area
municipality and York Region Transit.
Landscaping should not interfere with the bus stops, passenger standing
areas, shelters or corner sightlines.
Bus stops located in front of the employment areas shall be incorporated
into the landscape design.
The bus stop locations determined
during the design phase are subject to change.
Prior to construction of the passenger standing areas/shelter pads, the
consultant shall confirm with YRT the final bus stop
locations/requirements. The consultant
is to contact he YRT facilities supervisor - Ann Marie Carroll at (905)762-1282
ext. 5677 to confirm final details.
16.29 The owner shall submit to the York Region Transportation and Works Department, for review and comment, drawings showing the sidewalk locations, concrete pedestrian access, passenger standing areas and shelter pads.
16.30 Woodbine Avenue By-pass shall be designed to accommodate transit vehicles to the satisfaction of the area municipality and York Region Transit. The minimum pavement width for transit vehicles is 3.5 m. The minimum curb radius for transit vehicles is 15 m. These standards are according to the Canadian Transit Handbook and the Ontario Urban Transit Association.
16.31 The owner shall agree in the subdivision agreement to advise all potential purchasers of the possible future introduction of transit services in the development. This includes potential transit routes, bus-stops and shelter locations. This shall be achieved through the distribution of information/marketing materials (YRT route maps, Future Plan maps & providing YRT website contact information) at sales offices and appropriate notification clauses in purchase agreements. The YRT route maps and the Future Plan maps are available from YRT upon request.
16.32 The owner shall agree in the subdivision agreement to not construct vertical traffic calming along roadways planned for future YRT Transit service. YRT shall be consulted with respect to any alternate traffic calming features which may be considered.
16.33 Transit services will not operate along streets with vertical traffic calming devices. YRT accepts the installation of horizontal obstacles where their design takes into account bus type used on that route, including their length, width and turning radius. Recommendations to implement new transit routes on roads which already have vertical traffic calming devices would be conditional upon the removal of these devices.
16.34 The owner shall agree in the subdivision agreement to the installation of illumination, in accordance with York Region and Municipal design standards, along all streets which will have transit services, sidewalks, pedestrian access and bus stop locations.
16.35 The owner shall enter into an
agreement with York Region, agreeing to satisfy all conditions, financial and
otherwise, of the Regional Corporation; Regional Development Charges are
payable prior to final approval in accordance with By-law DC-0005-2003-050.
16.36 The Region of York
17.
17.1 That
prior to any grading, development, pre-servicing or site alteration, or
registration of this plan or any phase thereof, the applicant submit for the
review and approval of the TRCA:
a. A
detailed engineering report that describes the storm drainage system (quantity
and quality) for the proposed development of the subject lands, and how it will
comply with the approved West Cathedral Community - Environmental and
Stormwater Management Plan Report (ESMP). This report shall include:
i. plans
illustrating how this drainage system will tie into surrounding drainage
systems and storm water management techniques which may be required to control
minor or major flows;
ii. appropriate
Stormwater Management Practices (SWMPs) to be used to treat stormwater, to
mitigate the impacts of development on the quality and quantity of ground and
surface water resources as it relates to fish and their habitat;
iii. proposed
method for controlling or minimizing erosion and siltation on-site and/or in
downstream areas during and after construction;
iv. location
and description of all outlets and other facilities which may require a permit
pursuant to Ontario Regulation 158, the Authority’ s Fill, Construction and
Alteration to Waterways Regulation.
v. development
limit “constraint” mapping for areas adjacent to natural features, showing all
of the following (both existing and proposed) that are applicable to the site:
top of bank, stable slope line, floodlines, significant vegetation, and
required buffers, with the draft plan of subdivision on the same plan.
vi. Plans illustrating proposed methods for
treating road run-off, and proposed locations for the stock-piling of snow.
b. Overall
grading plans for the subject lands.
c. A
comprehensive water balance strategy be submitted to the satisfaction of the
TRCA and Town of
17.2 That
all construction activities be undertaken in accordance with the findings and
recommendations of the West Cathedral Environmental Impact Assessment (prepared
by Gartner Lee Limited), and as stated in the approved MESP.
17.3 That
the implementing zoning by-law recognize Block 5in an open space or other suitable
zoning category which has the affect of prohibiting structural encroachment and
ensuring the long term preservation of the lands in perpetuity, to the
satisfaction of the TRCA. In addition, the noted zoning by-law(s) must
stipulate the following:
17.4 That
the applicant attain all necessary permits required under Ontario Regulation
158, in addition to all approvals from Fisheries and Oceans Canada, and the
Ministry of Natural Resources, as required.
17.5 That
all blocks including natural features (including but not necessarily limited to
Block 5) be dedicated gratuitously to the Town of
17.6 That
comprehensive restoration and enhancement plans be provided for all Open Space
blocks containing watercourse features, detailing all areas to be restored or
enhanced, proposed natural channel and Open Space Block design, and identifying
proposed vegetation species, densities and monitoring requirements to the
satisfaction of the TRCA.
17.7 That
the owner agree in the subdivision agreement, in wording acceptable to the
TRCA:
a. to
carry out, or cause to be carried out, to the satisfaction of the TRCA, the
recommendations of the technical report referenced in Condition 17.1;
b. To
agree to, and implement, the requirements of the TRCA’s conditions in wording
acceptable to the TRCA;
c. to
design and implement on-site erosion and sediment control;
d. 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 TRCA;
e. to
obtain all necessary permits pursuant to Ontario Regulation 158 from the TRCA,
in addition to all necessary approvals for external agencies, including but not
necessarily limited to Fisheries and Oceans Canada, and the Ministry of Natural
Resources;
f. to
erect a permanent fence to the satisfaction of the TRCA for lots and blocks
abutting Open Space Block 5.
g. to
provide the requisite funding, or contribute to a cost-sharing fund to provide
for the long-term monitoring and maintenance of the water balance and
infiltration measures on this site, or as part of the larger Cathedral West
Community, to the satisfaction of the TRCA.
h. to
implement all water balance/infiltration measures identified in the water
balance study that is to be completed for the subject property.
i. to
provide for planting, restoration and enhancement of all disturbed areas
adjacent to or within natural areas to the satisfaction of TRCA staff. And,
that monitoring and replanting of these areas be completed for period of a
minimum of 2 years, with sufficient funds be secured through this period
through a letter of credit or other appropriate measure.
j. to
commit to provide appropriate information to all perspective buyers of lots
adjacent to Open Space (valley) blocks 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 block shall not
be permitted, and reflect the intent of the following:
“The Open Space block adjacent to the subject property is considered to
be part of the publically owned valley corridor and will be maintained for
environmental protection, and public use purposes. Please note that uses such
as unauthorized 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”.
17.8 That
all proposed crossings of Carleton Creek must be sized appropriately to convey
flood waters, and preserve the naturalizing form and function, and predicted
meanderbelt of the watercourse.
17.9 That
the draft plan be red-lined revised in order to meet the requirements of the
TRCA’s conditions, if necessary.
24. External Clearances
Prior to release for registration of the draft plan of subdivision, clearance letters, containing a brief statement detailing how conditions have been met, will be required from authorized agencies as follows:
(a) The
(b) The
(c) The Ministry of Transportation Ontario shall advise that Condition 11.1 to 11.3 have been satisfied.
(e) The Ministry of Culture shall advise that Conditions 14.1 and 14.2 have been satisfied.
ISSUED
_________________
______________________________
Biju
Karumanchery M.C.I.P., R.P.P.
Senior
Development Manager
Q:\Development\Planning\APPL\SUBDIV\06 105953
Cathedral Town Phase III\red line revisions\draft plan conditions-Cathedral
phase III - red line revisions to employment lands -final version.doc