MINUTES OF SETTLEMENT

- -

- -

- -

- -

Annenriix A*

SRPRS ______________ _File(s)

O o / c o ofc Û 0 3 - J O d O /

0 0 9

OMB Files No. PL101254 PL101373 PL101372

MINUTES OF SETTLEMENT

B E T W E E N :CORSICA DEVELOPMENT INC.

(“Corsica”)

AND

THE CORPORATION OF THE TOWN OF RICHMOND HILL (“Town”)

AND

THE TORONTO AND REGION CONSERVATION AUTHORITY (“TRCA”)

AND

THE REGIONAL MUNICIPALITY OF YORK (“Region”)

AND

DDO DAVID DUNLAP OBSERVATORY DEFENDERS INC.

(“ DDO Defenders”)

WHEREAS Corsica is the registered owner of the lands municipally addressed as 123 Hillsview Drive in the Town of Richmond Hill and being legally described as Part of Lots 42 and 43, Concession 1, designated as Part 1, Plan 65R-29959 in the Town of Richmond Hill, Regional Municipality of York (“the Corsica Development Lands”);

AND WHEREAS Corsica is also the owner of lands municipally addressed as 350-16th Avenue in the Town of Richmond Hill and being legally described as Part of Lot 41, Concession 1, designated Parts 2 and 3, Plan 65R-29959 in the Town of Richmond Hill, Regional Municipality of York (“the Panhandle Lands”);

AND WHEREAS the Panhandle Lands are shown on the plan attached hereto as Schedule “A” (“the Settlement Plan”) as Blocks J and the Corsica Development Lands are shown on the said plan as Blocks A to I and all proposed streets and residential lots and blocks;

AND WHEREAS the Corsica Development Lands comprise a former astronomical observatory and 19th century farmstead within the Town' of Richmond Hill, occupied by a number of buildings, structures and associated cultural heritage landscape features which are of significant cultural heritage value or interest together with a number of significant natural heritage environmental features including woodlands and a wetland;

AND WHEREAS the Corsica Development Lands have been designated by By-law No. 100-09 enacted under Section 29 of the Ontario Heritage Act, R.S.O., c.0.18, as amended to be land of cultural heritage value or interest;

AND WHEREAS the Panhandle Lands are currently occupied by the Town and used for the purposes of an arena, parking lot and municipal park in accordance with a lease notice of which is registered in the Registry' Office as Instrument No. R401645;

AND WHEREAS Corsica has applied to the Town for an official plan amendment, re-zoning and draft plan of subdivision approval to permit the development of the Corsica Development Lands for the purposes of a residential community and cultural heritage precinct together with associated, roads and infrastructure, park and natural areas;

AND WHEREAS Corsica has subsequently appealed these applications to the Ontario Municipal Board (the “Board”) which appeals have Board Files Nos. of PL101254 (appeal of official plan amendment), PL101373 (appeal of zoning by-law amendment) and PL101372 (appeal of the draft plan of subdivision application) and which are collectively referred to as “the Corsica Appeals”;

AND WHEREAS Corsica, the Town, the TRCA, the Region and the DDO Defenders are parties to the Board hearing regarding the Corsica Appeals;

AND WHEREAS the DDO Defenders as a representative of the community’s interest in the preservation of the cultural heritage and natural heritage values of the Corsica Development Lands have worked cooperatively with the other parties to these Minutes of Settlement by providing significant input and advice in support of achieving a resolution of the issues related to the Corsica Appeals;

AND WHEREAS the Town wishes to enter into a further agreement to acquire and Corsica wishes to convey to the Town the Panhandle Lands subject to the provisions set forth in these Minutes of Settlement;

AND WHEREAS Corsica, the Town, the TRCA, the Region and the DDO Defenders (hereinafter referred to jointly as “the Signatories”) have reached these Minutes of Settlement and agreements herein which address and will resolve all of those matters at issue as between themselves with respect to the Corsica appeal of the official plan amendment application as well as establishing a process for resolving the outstanding Corsica appeals of the zoning by-law amendment and draft plan of subdivision application;

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements hereinafter expressed and the sum of TWO DOLLARS (S2.00) of lawful money of Canada now paid by the Signatories to each other, the receipt and

sufficiency of which is hereby acknowledged by the each of the Signatories, the Signatories hereby covenant and agree to and with each other as follows:

1. The Signatories agree that the recitals are true.

2. It is acknowledged by the Signatories that the review of the matters related to the Corsica re-zoning and draft plan of subdivision appeals may not be completed prior to the issuance of the Board Order in connection with the Corsica official plan amendment appeal. The Signatories agree that in finalizing the zoning by-law and draft plan of subdivision appeals no party shall take any position inconsistent with these Minutes of Settlement.

3. Corsica, the Town, the TRCA, the Region and the DDO Defenders shall jointly request the Board to re-convene the proceedings in order to file these Minutes of Settlement as an Exhibit with the Board, and to then request the Board to dispose of the Corsica Appeals in accordance with and subject to the terms of these Minutes of Settlement by:

(i) accepting the withdrawal by the Town of the Motion for Adjournment served upon the parties to the Corsica Appeals and filed with the Board at the prehearing conference convened on June 2nd, 2011 ;

(ii) allowing Corsica’s appeal to amend the Town’s official plan by approving the official plan amendment attached as Schedule “B” hereto (the “Official Plan Amendment”) so that development of the residential area together with associated roads, park and infrastructure, cultural heritage precinct and natural heritage areas shall be permitted on the Corsica Development Lands substantially in accordance with the Settlement Plan subject to the further study, analysis and review contemplated in these Minutes of Settlement;

(iii) adjourning the hearing of Corsica appeals of the zoning by-law amendment and draft plan of subdivision application sine die pending written notification by the Town of the completion of the review by the Town, the Region and the TRCA of the revised zoning by-law and draft plan of subdivision applications to be provided in accordance with the terms of these Minutes of Settlement; and

(iii) confirming that there be no Order as to costs as between the Signatories.

Process ing of Revised Zoning By- law and Subdivis ion Plan Appl ica t ions

4 The Signatories acknowledge and agree that the revised zoning by-law and draft plan of subdivision to be finalized and presented to the Board in accordance with these Minutes of Settlement shall be prepared substantially in accordance with the Settlement Plan and subject to the further study, analysis and review contemplated in these Minutes of Settlement.".

5 The Signatories agree that they shall cooperate with each other to finalize same in an expeditious manner. The Signatories further acknowledge and agree that no party will submit a request to the Board to re-convene the proceedings in connection with the outstanding zoning and draft plan of subdivision appeals prior to the submission of the complete materials referred to in Section 7 below, to the satisfaction of the Town, the TRCA and the Region, and completion by the Town, the TRCA and the Region of the review of these materials and finalization of the related zoning by-law, draft plan of subdivision and conditions. It is further acknowledged and agreed that the detail related to the roads and lotting layouts as shown on the Settlement Plan may be further refined and adjusted based on the reviews of the draft plan of subdivision to be prepared in conformity with the approved MESP and any applicable technical requirements. The Town acknowledges and agrees that it shall provide the DDO Defenders with an opportunity to review the materials to be circulated in accordance with this section for the purpose of affording an opportunity to the DDO Defenders to provide comments to the Town as part of the review process. Notwithstanding the foregoing, if the review by the Town, the TRCA and the Region has not been completed within a period of 90 days following submission by Corsica of the complete materials referred to above, or in the event of a dispute as between the parties regarding the finalization of the planning instalments, then any of Corsica, the Town, the TRCA or the Region may, on 30 days prior written notice to the other Signatories, request the Board to re-convene the proceedings.

6 The Signatories agree that in finalizing the zoning by-law, draft plan of subdivision and conditions, no party shall take any position inconsistent with these Minutes of Settlement. For greater clarity, the Signatories acknowledge and agree that all cultural heritage, natural heritage and parkland dedication issues raised in the Corsica Appeals have been fully resolved and addressed in these Minutes of Settlement, and that no further contributions, financial or otherwise, shall be sought by the Town or other parties, or required of Corsica, with respect to these issues or pursuant to section 37 of the Planning Act, R.S.O. 1990, c. P.13, as amended.

7 For the purpose of completing the review and circulation of the revised zoning by-law and draft plan of subdivision to be processed in accordance with these Minutes of Settlement, Corsica acknowledges and agrees that it shall prepare and file with the Town such complete and updated reports or group of reports, plans or other information that

may be reasonably required by the Town, the TRCA and/or the Region for the purpose of finalizing the revised development and without limiting the generality of the foregoing, Corsica further agrees that the additional information and plans to be provided shall include a revised Master Environmental Servicing Plan (“MESP”) to reflect the Settlement Plan satisfactory to the Town and TRCA in accordance with the Terms of Reference.

8 For the purpose of completing and implementing the revised zoning by-law and draft plan of subdivision application, the following provisions shall be applied and implemented through the revised planning documents:

Cultural Heritage Preservation

(a) There are a number of buildings, structures and landscape elements and associated buffers located on the Corsica Development Lands as shown generally on the plan attached hereto as Schedule “C” (“the Cultural Heritage Precinct Plan”) that possess cultural heritage value and merit preservation in conjunction with the implementation of the Corsica Development. The buildings, structures and landscape elements to be preserved and maintained in accordance with the provisions of these Minutes of Settlement include the following:

David Dunlap Observatory Dome; The Administration Building and associated garden and parking area; Elms Lea and associated vestigal orchard and plantings; Donalda Trail; Radio Shack and Antenna; Tree Plantations established by the University of Toronto Forestry Department; and Existing topography, landscaping, buffers and viewscapes and buffers depicted generally within the area of the Cultural Heritage Precinct.

(b) For the purpose of preparing the revised zoning by-law and draft plan of subdivision, the Signatories acknowledge and agree that the limits of the cultural heritage features and associated buffers to be preserved on the site shall be established and maintained in accordance with the limits as depicted on the Settlement Plan.

(c) The revised zoning by-law as applied to the lands possessing cultural heritage value and identified on the Settlement Plan as Blocks A, B, C, E, and portions of Block F, shall be zoned to permit a range of institutional, public and open space uses as may be appropriate to the preservation and on-going use of these lands as a cultural heritage precinct.

(d) A condition shall be included within the draft plan approval conditions whereby Corsica shall convey to the Town, at nominal cost and in accordance with the provisions set forth in Sections 13 and 14 of these Minutes of Settlement, the following lands:

o Block F on the Settlement Plan related to the provision of the Cultural Heritage Plantation/Natural Heritage Woodlot and associated buffers; and

o Block I on the Settlement Plan related to provision of the Natural Heritage Woodlot and associated buffers.

(e) A further condition shall be included within the draft plan approval conditions which shall require Corsica to prepare and submit to the Town for approval, acting reasonably, landscaping plans for the buffering of the perimeter of the cultural heritage precinct where it abuts the urban development. The costs of designing and implementing the buffer planting shall be borne by Corsica and implementation of the buffering will be secured within the phase 1 subdivision agreement. The Signatories further agree that the design of the buffer planting as well as the associated cost will be based upon the description of the Cultural Woodland Buffer Planting contained in the memorandum attached to these Minutes of Settlement as Schedule “D-l”. The total cost of the Cultural Woodland Buffer Planting and design shall be $250,000.00, as itemized in the chart attached hereto as Schedule “D-3”.

(f) In addition to the lands possessing cultural heritage value which are to be conveyed to the Town, there are additional lands within the Corsica Development Lands which the Signatories agree possess significant cultural heritage value and which are to remain in private ownership. These lands comprise the following:

• Block A on the Settlement Plan (David Dunlap Observatory Dome); • Block B on the Settlement Plan (Administration Building and associated

garden and parking area); • Block C on the Settlement Plan (Elms Lea); and • Block E on the Settlement Plan (Donalda Trail).

Block D on the Settlement Plan (Gatehouse), which does not possess significant cultural heritage value, will also remain in private ownership.

(g) The Signatories acknowledge and agree that there is an additional building on the Corsica Development Lands that has heritage interest but which is outside of the area of the Cultural Heritage Precinct Plan. This building comprises the pump house which is located adjacent to Bayview Avenue. Based on advice received from the DDO Defenders, the Signatories agree that a condition will be included within the conditions for draft plan approval requiring that this building be re-located by Corsica and that its associated well be decommissioned, at Corsica’s expense, to a location within Block F, as

•

•

shown on the Settlement Plan, acceptable to the Town and in consultation with the DDO Defenders, acting reasonably.

Provision of Municipal Park

(h) In conjunction with the implementation of the development of the Corsica Development Lands, Corsica will convey to the Town at its expense a parkette with an area of not less than 0.3 hectares and a frontage of not less than 60 metres in the location shown as the Park Block G on the Settlement Plan. The conveyance of the parkland to the Town will be secured by means of the conditions to the draft plan of subdivision approval. The Town acknowledges and agrees that the conveyance of the parkette, in conjunction with the conveyance of the additional cultural heritage and natural heritage lands to be dedicated to the Town pursuant to these Minutes of Settlement, will be accepted as fully satisfying the obligations by Corsica to convey parkland to the Town, or cash in lieu thereof, as a result of the development on the Corsica Development Lands, in substantial compliance with the Settlement Plan and in accordance with the provisions of the Planning Act and the applicable policies and requirements set forth in the Town’s Official Plan and parkland dedication by-law.

Protection and Enhancement of Significant Woodlands

(i) It is the position of the Town, the TRCA and DDO Defenders that the woodlands on the Corsica Development Lands are significant woodlands as defined in accordance with the provisions of the Provincial Policy Statement, 2005, Order in Council No. 140/2005, issued in accordance with the Planning Act, as amended. In order to address negative impacts to these woodlands resulting from the proposed development on the Corsica Development Lands, the Signatories have agreed to implement by means of the application of draft plan of subdivision conditions measures intended to provide a qualitative enhancement of woodlands to be preserved on site and dedicated to the Town at nominal cost. The measures are as follows:

Corsica as a condition to draft plan of subdivision approval will retain and dedicate to the Town at nominal cost approximately 24.46 hectares of the woodlands as identified on the Figure attached to these Minutes of Settlement as Schedule “D-2” and listed in the chart attached as Schedule “D-3” under the heading “Areas to be Retained”;

In order to enable the Town and the TRCA to implement a program of enhancement and management of the retained woodlands, as described in the memorandum attached as Schedule “D-l”, Corsica shall pay to the Town as a condition of draft plan of subdivision approval the amount of $1,223,000.00, as itemized in the chart attached hereto as Schedule “D-3” under the heading “Areas to be Retained”.

In order to create new self-sustaining native forest communities through replanting, Corsica as a condition of draft plan of subdivision approval will dedicate to the Town at nominal cost approximately 8.4 l hectares of land as identified on the Figure attached to these Minutes of Settlement as Schedule “D-2” and listed on the chart attached as Schedule “D-3” under the heading “Areas to be Re-planted”.

In order to enable the Town and TRCA to implement a re-planting program as described in the memorandum attached as Schedule “D-l” Corsica will further pay to the Town the amount of $420,500, as itemized in the chart attached hereto as Schedule “D-3” under the heading “Areas to be Re-planted”.

Included within the woodlands to be retained and dedicated to the Town as referred to above, is an approximate 2.67 hectare woodlot and wetland identified as Block I on the Settlement Plan. In order to provide a connection between this woodot and the balance of the woodlands to be dedicated and maintained on the Corsica Development Lands, an ecological corridor along the south edge of the property, with a width of 30 metres, has been provided as part of the area within Block F shown on the Settlement Plan.

In order to service development proposed on the Corsica Development Lands, a stormwater pond is required to be provided, as shown on the Settlement Plan as Block H, adjacent to the woodlot shown as Block I. In order to accommodate the proposed stormwater facility, while protecting the ecological function of the woodlot, Corsica agrees that all grading, design work and construction work associated with the stormwater management facility will strictly be contained within the defined stormwater management facility block and that there will be no net loss of the area of the adjacent woodlot block. Should there be a demonstrated need for encroachment beyond Block H, it shall be minimal in nature and must be acceptable to the Town and the TRCA. Additionally, Corsica agrees that the detailed design work associated with the stormwater management facility will make all reasonable efforts to enhance and enlarge the adjacent environmental lands (particularly the wetland within Block I) to the greatest extent possible. In the event that further outfall infrastructure or grading is required within Block I such work shall be approved by the Town and TRCA.

The Signatories acknowledge and agree that in conjunction with the development proposed on the Corsica Development Lands the areas of woodland that may be removed are identified on the Figure attached as Schedule “D-2” and listed in the chart attached as Schedule “D-3”.

• The Town agrees if it is demonstrated to be necessary, consistent with the final MESP approved for the proposed development, to permit underground municipal services within Block F shown on the Settlement Plan.

(j) Corsica agrees that a condition shall be included within the draft plan approval conditions requiring Corsica to dedicate to the Region at the time of subdivision plan registration, free of all costs and encumbrances, a 3.5 metre strip along the entire eastern frontage of the Corsica Development Lands for the purpose of widening Bayview Avenue.

Servicing Allocation

9 Corsica acknowledges and agrees that at the time of execution of these Minutes of Settlement there are constraints on the availability of sanitary services which affect the timing for implementation of development proposed on the Corsica Development Lands. In consideration of the covenants and undertakings set forth in these Minutes of Settlement, the Town agrees to provide servicing allocations on a phased basis, tied to draft plan of subdivision approval, as follows:

Phase 1: 200 units: to commence upon approval of the draft Plan of Subdivision;

Phase 2: 200 units: to commence following issuance of building permits for 50% of the lots within Phase 1

Phase 3/remainder: to commence following issuance of building permits for 50% of the lots within Phase 2

Other Precondition for Development

10 Prior to proceeding with any development or site alteration on the Corsica Development Lands which is likely to affect the heritage attributes indentified in the Town’s heritage designation By-law No. 100-09, Corsica shall apply for and obtain any necessary permits that may be required in accordance with the Ontario Heritage Act. The Town agrees that it shall process any such permit application(s) expeditiously and in so doing shall have regard to these Minutes of Settlement and the Cultural Heritage Precinct Plan attached hereto as Schedule “C”. The Signatories agree that they shall not take any position inconsistent with these Minutes of Settlement during the processing of such application(s).

11 Prior to proceeding with any development on the Corsica Development Lands, Corsica shall apply for and obtain any necessary permits that may be required in accordance with the Conservation Authorities Act. The Town and the TRCA agree that they shall process any such application(s) expeditiously and in so doing shall have regard to these Minutes of Settlement. The Si0uatories agree that they shall not take any position inconsistent with these Minutes of Settlement during the processing of such application(s).

Future Discussions Concerning Privately Owned Cultural Heritage Property

12 The Town and Corsica agree following execution of these Minutes of Settlement to continue discussions regarding the on-going preservation, use and maintenance of the lands described in Section 8(f), as significant cultural heritage properties within the Town, including the possible conveyance, or option to acquire, the said lands to the Town, or other public agency, and the possibility of an endowment for long term preservation and on terms that would be acceptable to the Town and Corsica, acting reasonably. Corsica further acknowledges and agrees that as long as it or any successor in title shall retain the aforesaid cultural heritage properties in private ownership it shall apply best efforts in consultation with a properly qualified heritage consultant as may be required to maintain and repair the said buildings, structures and associated landscaped areas in good condition and perform periodic maintenance, including carrying out any inspections and subsequent maintenance and repair as may be required acting reasonably to ensure the on-going preservation of the cultural heritage attributes of the said properties. For the purpose of complying with this provision, the Town and Corsica shall conform with the requirements of the Town’s heritage designation By-law No. 100-09, the Town’s approved Conservation Management Plan for the David Dunlap Observatory and the Towm’s property standards By-law No. 86-10 (Municipal Code Chapter 1010). The Town covenants and agrees to work cooperatively with Corsica in securing all necessary approvals or permits that may be required by Corsica or its successors in title, from time to time, for the purpose of carrying out any required maintenance.

Conveyances of Land and Easements

13 The Signatories shall enter into those further agreements referred to in these Minutes of Settlement that are reasonably required in order for the Signatories to fulfill their respective obligations and covenants as set forth herein. It is further agreed that such agreements shall be registered on title to the Corsica Development Lands and Corsica consents to such registration of the agreements.

14 All conveyances and easements to the Town as required for the development of the Corsica Development Lands shall be granted free and clear of all encumbrances or such encumbrances postponed to the satisfaction of the Town, except for any permitted encumbrances accepted by the Town, acting reasonably, that are required for the servicing of the Corsica Development Lands and are not otherwise incompatible with the Town’s intended use of the lands that are to be conveyed or over which easements are to

0 1 9

be provided. Corsica agrees that all registered documents required under these Minutes of Settlement shall be in accordance with the documentation as required by the Town and Corsica each acting reasonably. Corsica through its solicitors and in conjunction with the solicitors for the Town shall register the above conveyances and easements at its cost, unless it is agreed elsewhere that the cost of registration is to be paid by the Town. Corsica shall provide a phase 1 environmental site assessment, in accordance with the Environmental Protection Act, to the Town prior to the registrations of said conveyance and easements stating that the lands are suitable for their intended use. Corsica shall provide its Solicitor’s Certificate of Title within 30 days of the registration of the said easements. All easements, agreements, representations, warranties, assurances, registrations, and the required Solicitor’s Certificate of Title shall be to the satisfaction of the solicitors for the Town and Corsica each acting reasonably. Corsica shall prepare all necessary Reference Plans and have same deposited at its cost. Prior to depositing any Reference Plans at the applicable Registry Office, Corsica shall deliver drafts of the Reference Plans to the solicitors for the Town for their review and approval, acting reasonably. Corsica and the Town agree that the timing of the delivery of the respective conveyances and transfers of easements by Corsica to the Town shall occur not later than the date of registration of the draft plan of subdivision on the Corsica Development Lands required in connection with the settlement or final disposition of the Corsica draft plan of subdivision appeal and Corsica shall provide to the Town at least 30 days prior written notice of the date required for each closing. Corsica and the Town agree that each party shall bear its own legal costs for all real estate transactions in this matter. Time shall be and remain of the essence.

Acquisition of Panhandle Lands

15 Corsica and the Town acknowledge and agree that they wish to enter into a further agreement whereby the Town may acquire by purchase from Corsica the Panhandle Lands at fair market value. Both parties undertake and agree to cooperate with the other for the purpose of establishing the value of the lands by means of the preparation of an updated report by a qualified land appraiser, acceptable to both parties. The parties further acknowledge and agree that none of the other covenants, undertakings or provisions set forth in these Minutes of Settlement are conditional upon the completion of an agreement of purchase and sale for the Panhandle Lands and such other covenants, undertakings and provisions will remain in full force and effect regardless of whether an agreement of purchase and sale is entered into or not as between Corsica and the Town.

Miscellaneous

16 Notwithstanding the foregoing, should Corsica file application(s) beyond that otherwise permitted through the finalization of the zoning by-law and draft plan of subdivision completed in accordance with these Minutes of Settlement, then such application(s) shall be subject to any and all requirements in place at the time of the said application(s).

0 2 0

17 The Signatories agree that the new Region of York Official Plan and the new Town of Richmond Hill Official Plan will be updated to reflect the terms of these Minutes of Settlement, including the insertion of any necessary transition provisions, to give effect to these Minutes of Settlement.

18 These covenants, representations, agreements and warranties contained within these Minutes of Settlement shall not merge on any closing but shall survive such closing of the within transactions and shall remain binding upon the Signatories.

19 If any individual provision(s) of these Minutes of Settlement is or are determined by a Court or tribunal of competent jurisdiction to be illegal or beyond the power, jurisdiction, or capacity of any party bound hereby and any appeal period has expired and any appeals commenced during that period have been finally determined, such provision shall be severed from these Minutes of Settlement and the remainder of these Minutes of Settlement shall continue in full force and effect, mutatis mutandis. In such case, the Signatories agree to negotiate in good faith to amend these Minutes of Settlement in order to implement the intentions as set out herein.

20 It is agreed and acknowledged by the Signatories hereto that each is satisfied as to the jurisdiction of the others to enter into these Minutes of Settlement. Corsica agrees that it shall not question the jurisdiction of the Town, the TRCA, the Region or the DDO Defenders to enter into these Minutes of Settlement, nor question the legality of any portion hereof and likewise the Town, the TRCA, the Region and the DDO Defenders agree they shall not question the jurisdiction of Corsica to enter into this Agreement, nor question the legality of any portion hereof. The parties hereto, their successors, assigns and lessees are and shall be estopped from contending otherwise in any proceeding before a Court of competent jurisdiction.

21 Nothing in these Minutes of Settlement is intended to waive Corsica’s obligations to obtain such development approvals, fulfill draft plan conditions, obtain permits or to do such other things which the Town, the TRCA or the Region may require in order for Corsica to proceed to subdivision registration stage and as may be required pursuant to the Planning Act, the Ontario Heritage Act, the Conserx'ation Authorities Act or any other legislation, regulations or by-laws. Corsica acknowledges that during the course of such approvals and registrations, the Town and/or other public authorities may seek to impose additional development conditions or obligations in respect of the development of the Corsica Development Lands, provided such additional conditions or obligations shall not alter the terms and conditions of these Minutes of Settlement or require further contributions, financial or otherwise, with respect to the matters noted in Section 6 above beyond those normally applied to secure appropriate draft plan of subdivision conditions.

0 2 1

22 In the event that Corsica proposes to transfer, mortgage or otherwise encumber all or a portion of the Corsica Development Lands or the Panhandle Lands to a third party purchaser or mortgagee, prior to the registration of the plan of subdivision on the Corsica Development Lands, Corsica shall provide the Town with not less than 45 days written notice prior to the completion of the proposed transaction and shall further require the purchaser or mortgagee to enter into an assumption agreement with the Town and the Region whereby it undertakes to accept and abide by the obligations imposed upon Corsica pursuant to the terms of these Minutes of Settlement in relation to the lands subject to the proposed conveyance or mortgage.

23 If any notice is required to be given with respect to these Minutes of Settlement, such notice shall be in writing and shall be deemed to be sufficiently given if delivered or sent by e-mail and addressed to the parties as follows:

Corsica Development Inc.

Attention: Michael Pozzebon 30 Floral Parkway, Suite 300 Concord, ON Tel: (905) 669-5571 ext. 5224 Fax: (905) 669-2134 Email: [email protected]

The Corporation of the Town of Richmond Hill

Attention: Town Clerk 225 East Beaver Creek Road Richmond Hill, ON L4B 3P4 Email: [email protected]

With a copy to: Antonio Dimilta, Assistant Town Solicitor [email protected]

The Toronto and Region Conservation Authority

Attention:

mailto:[email protected]



0 2 2

The Regional Municipality of York

Attention: Regional Clerk 17250 Yonge Street Newmarket, Ontario L3Y6Z1 Email: [email protected]

With a copy to: Senior Counsel, Development Law [email protected]

The David Dunlap Observatory Defenders Inc.

Attention: Karen Cilevitz 40 Birch Avenue Richmond Hill, ON L4C 6C6 Email: karen@:karencilevitz.ca

With a copy to: Daphne Williamson, Legal Counsel for DDO Defenders Inc. Email: [email protected]

Any such notice given as aforesaid shall be conclusively deemed to have been given and received, if delivered, on the date of delivery or if sent by email transmission, on the date of transmission.

24 These Minutes of Settlement shall enure to the benefit of, and be binding upon the Signatories and their respective successors and assigns.

25 The Signatories agree to execute such further documents and cause the doing of such acts and cause the execution of such further documents that are within their power as any of the Signatories may reasonably request be done or executed, in order to give full effect to the provisions of these Minutes of Settlement.

26 The Signatories agree to act reasonably and in good faith in carrying out the terms of these Minutes of Settlement. If any dispute arises between the Signatories relating to the application, interpretation and/or implementation of these Minutes of Settlement or any part thereof, the Signatories agree, subject to Section 5, to resolve the dispute in an expeditious manner by arbitration in accordance with the provisions of the Arbitration Act, 1991. In the alternative, should the parties consent, and should the Board have jurisdiction, the parties may request that the Board mediate or hear the dispute.



mailto:karen@:karencilevitz.ca


________________________________________

27 These Minutes of Settlement may be executed and sent scanned by e-mail and in multiple counterparts, each of which shall be deemed to be an original document, and all of which shall constitute one Minutes of Settlement. The Signatories further agree that each of the Signatories shall countersign copies of the document in order that each the Signatories has an original Minutes of Settlement executed by all the Signatories, and same shall be provided on a timely basis.

IN WITNESS WHEREOF the Signatories have executed these Minutes of Settlement by the hands of their proper signing officers or by the hands of their legal counsel in this matter, duly authorized in that behalf.

CORSICA DEVELOPMENT INC.

Per:

Name:

Title:

THE CORPORATION OF THE TOWN OF RICHMOND HILL

Per:_

Name:

Title:

Recommended for execution in accordance with By-law No.

Per:

Name:Title:

THE TORONTO AND REGION CONSERVATION AUTHORITY

_

Per:

Name:

Title:

THE REGIONAL MUNICIPALITY OF YORK

Per: _

Name:

Title:

DDO DAVID DUNLAP OBSERVATORY DEFENDERS INC.

Per:

Name:

Title:

_________________________________________

0 2 4

WIT

HO

UT

PR

EJU

DIC

E

UM

XN

IUl

{ ?M

""r

WIT

HOUT

PREJ

UDIC

E&

&///

y ..

- |

- 1

. --^

vp T

- •—

..., /•

• / .

:**«

&■-

.•• •

An

' *• •

,7 •»

<*»«

\.T

?J I )

E "ft/

/

H'

./&)//*

■■/

£/7A

f/Mm

/

tUi

• V^

j: !

fc •}

Ktsn

x mm

* /“

•ClW

IOtfK

UN

IT C

OU

NT

15.2

m S

ING

LE (A

) 11

.0m

SIN

GLE

(B)

8.25

m S

EMIS

(S)

6.0m

LA

NEJ

OW

N.

TOTA

L

202

209 54

65

530

u io

o%36 3

%

39.1

%

10 3

%

I? X.

./ '/ / in.»*

j :

/ IW

uVVW

HLlA

NOS /

/ . /

a,! /

bopa

j I

.. / •

,• :/ / /-

j 'i

MTf

CMtl

// » lU

MiN

umM

l M

AX

*/;*L

>MIN

IU I K

AltO

n

'V

BLO

CK F

O

PEN

SPA

CE

31.9

2 l>

6

«111

HID

COU

RT

CD PO C_T;

A? V

I .

\ m

uvvii

w i

n*IV

»

T, , .

- -

VI

hit

IC

-

I j vl

s': I 5

$; T

\Ej/

J; :J

£:

'/< I

,' *

j:l

t '*!

• S! 5

*

,.L, I

■ s, «

iriL

r /fc~

...J

. ■ &

J//L

J.! :

■ ii

. HE

■. H

g

• ■ .-

y : W

'him

li •

_ 'V

-»««

V .

îjJZj

cH-

. V

• ; .

i I* *

,// Î t

• ,‘î

J^-m

uao w

c».-»

#*,

-! L

i. •• ; j Jf/jl/ ,j ( :

il :/l.

5-Ï

!.T a

>

al(J.<

MW

AIEH

K)NO

i • .y

RtV

OKNl

tAL

,

MN

NA

VtN

Ut

SCHEDULE A

Settlement Plan

Obs

erva

tory

& P

anha

ndle

Lan

ds

164s

k - S

tand

ard

Dep

th U

nits

0 2 6

SCHEDULE B

OFFICIAL PLAN AMENDMENT NO. 270

TOWN OF RICHMOND HILL

THE DAVID DUNLAP OBSERVATORY LANDS SECONDARY PLAN

OFFICIAL PLAN OF THE

RICHMOND HILL PLANNING AREA

OFFiCiAL PLAN AMENDMENT NO. 270

1

0 2 7

The attached schedule(s) and explanatory text constitute Amendment No. 270 to the Official Plan of the Richmond Hill Planning Area.

PART I - THE PREAMBLE is not a part of the Amendment.

PART II - THE AMENDMENT consisting of text and schedule(s), constitutes an amendment to the Official Plan for the Richmond Hill Planning Area.

PART III - THE DAVID DUNLAP OBSERVATORY SECONDARY PLAN, consisting of text and schedule(s), constitutes Amendment No. 270 to the Official Plan for the Richmond Hill Planning Area.

0 2 8

PART I-PREAMBLE

1.1 INTRODUCTION

a) This document has three components:

i) The Preamble (Part I); ii) The Amendment to the Official Plan of the Town of Richmond Hill Planning Area

(Part II); iii) The David Dunlap Observatory Secondary Plan (Part III).

b) Part I: The Preamble establishes the general context within which the Amendment has been prepared and does not constitute part of the Amendment.

c) Part II: The Official Plan Amendment amends the relevant sections of the Official Plan of the Richmond Hill Planning Area in order to implement the David Dunlap Observatory Secondary Plan

d) Part III: The David Dunlap Observatory Secondary Plan.

1.2 PURPOSE

The purpose of this Amendment is to amend the Official Plan of the Richmond Hill Planning Area, to facilitate the implementation of the David Dunlap Observatory Secondary Plan.

1.3 LOCATION

The lands comprising Official Plan Amendment No. 270 encompass approximately 72 hectares (178 acres), and are generally contained within the area bounded by Bayview Avenue to the east, Hillview Drive to the north, the CNR Bala subdivision line to the west and the south limit of Lot 42 Concession 1, E.Y.S.

0 2 9

1.4 BASIS

1.4.1 Historical Background

The David Dunlap Observatory Lands (DDO Lands) were originally part of two original farmsteads established within the Town by the Vanderburgh and Marsh families. The southerly half of the property was acquired by the Marsh family in 1802.. In 1864, Alexander Marsh built the Elms Lea farmhouse which featured a centre gable, dichromatic brickwork, and decorative wood eave brackets. Original access to the farmstead was via a long lane from Yonge Street.

The University of Toronto acquired the lands in 1932 as a gift from Jessie Donalda Dunlap as a memorial to her husband, David Alexander Dunlap, who was an astronomy enthusiast. The Observatory was erected on the hilltop together with the two-storey stone and brick administrative building. The official opening took place in May 1935. The primary instrument on the site was a 74 inch (1.88 metre) reflector telescope, the second largest telescope in the world at that time and still the largest in Canada. Smaller telescopes were mounted in three copper-clad domes on the roof of the administrative building.

Radio astronomy was added to the scientific and teaching program during the mid- 1950’s when the ‘radio shack’ and antenna were built downhill and to the east of the administrative building. During these years, the original agricultural activities on the lands ceased. Tree plantations were established on the property under the supervision of the Faculty of Forestry at the University of Toronto. Their purpose was to reduce light pollution through screening, to improve conditions for celestial studies by the Observatory. The farm buildings were demolished with the exception of the Elms Lea farmhouse, which remained as the scientific director’s home.

The University later acquired an additional 4-hectare parcel of land (referred to as the ‘Panhandle’) extending to the south through Lot 41 to 16th Avenue. This tract was later leased to the Town for park and recreational purposes. The 16th Avenue frontage is occupied by the Elvis Stojko arena. The interior was developed by the Town as David Dunlap Park which exhibits a 200-metre wide solar system model organized along a north-south axis which matches the alignment of the entrance to the Observatory building. This property does not form part of the DDO Lands subject to this amendment.

On September 29, 2009, Richmond Hill Council passed By-law No.100-09 on the DDO Lands which designated a portion of the lands as a Cultural Heritage Landscape under the Ontario Heritage Act. Designating By-law No. 100-09 establishes the boundary and extent of the area within the lands as a Cultural Heritage Landscape and identifies key heritage attributes, including landforms, viewsheds, structures, landscape features, and roadways within the property that should be conserved and honoured into the future.

Recognizing that the on-going preservation and celebration of the history and presence of the Observatory lands require more than just a heritage designation by-law, Council on January 25, 2010, Council endorsed the David Dunlap Observatory Lands Planning and Conservation Management Study and the associated planning and design principles. These principles included the recognition of a prominent, functional and accessible Cultural Heritage Conservation Area (CHCA) within the boundary of the area

designated as a Cultural Heritage Landscape under the Ontario Heritage Act. The CHCA is an area which displays the highest concentration of heritage significance and is most sensitive to the impacts of new uses. The endorsement of this Study also included direction to prepare the David Dunlap Observatory Lands Conservation Management Plan, which was endorsed by Council on January 24, 2011. The Conservation Management Plan built upon the Study’s principles and further considered and refined the concept and function of the CHCA.

1.4.2 The Physical Setting

The DDO Lands are located at the southwest corner of Bayview Avenue and Hillsview Drive and are municipally known as 123 Hillsview Drive. They have a total area of 71.98 hectares (178 acres). The lands currently support five buildings/structures including an astronomical observatory; an administration building; a gate house; an historic farmhouse, and a radio shack with an adjacent antenna. Much of the site has remained in an undeveloped state, including former farm fields, extensive woodlands and a wetland complex in the southeast corner of the property.

The subject lands are surrounded by institutional and low density residential uses to the north; low density residential uses to the east; low density residential, an elementary school and the Elvis Stojko Arena and park uses to the south, and the C.N. R. Bala Subdivision railway line to the west.

1.4.3 The Heritage Preservation and Development Principles

The DDO Lands are a complex, multi-layered site and there are close historical relationships between attributes. It is important to ensure that the character defining aspects and the integrity of the DDO Cultural Heritage Landscape will be preserved in accordance with the David Dunlap Observatory Conservation Management Plan.

A cultural heritage landscape is a dynamic and evolving entity. It comprises a variety of character defining features, such as natural vegetation, plantings and landforms that individually have their own unique set of seasonal life cycle, maintenance needs and organic evolution. Consequently, each of these features brings to the management of the site its own unique set of conservation challenges.

During the early years of the Observatory, the vegetation patterns of tree lines, fencerows and woodlots which are remnants of the agricultural period, were retained and enhanced with new planting. This work was done as part of the designed landscape which was added to the property for new purposes such as screening, aesthetics and research. Planting commenced early, to define the area as a special place. Upon entering the site, visitors experience a sense of discovery. Together, the cultural landscape features create a unique setting for the Observatory complex.

The David Dunlap Observatory Lands Conservation Management Plan (Management Plan) is intended to guide and assist all parties that use, manage, own or have regulatory authority over the DDO property. This includes the owner and the custodians of the property and Town Council as an approval and regulatory authority under the Ontario Heritage Act. The Management Plan is the prime reference for consistent,

.coherent, and traceable decision making towards the conservation, protection, and management of the property.

0 3 1

This Secondary Plan incorporates a number of principles from the Management Plan, including the preservation of the heritage buildings and associated landscape features; the preservation of the network of original access routes; the preservation of the cultural plantations and distinctive tree lines in the vicinity of Elms Lea; the preservation of the vistas within the Observatory ‘heritage precinct’ to provide separation from the

surrounding context; and, the preservation and enhancement of the natural heritage function.

0 3 2

PART II - THE OFFICIAL PLAN AMENDMENT

SECTION 1 - INTRODUCTION

1.1 PURPOSE

The purpose of Part II is to amend the relevant sections of the Official Plan of the Richmond Hill Planning Area, in order to implement the David Dunlap Observatory Secondary Plan contained in Part III.

SECTION 2 - THE AMENDMENT

2.1 Schedule “1” - Land Use of the Official Plan of the Richmond Hill Planning Area is hereby amended to conform to Schedule “1” - Land Use attached hereto.

2.2 Section 2.2.1.7.1 - Major Institutional is hereby amended by deleting references to “The David Dunlap Observatory”.

2.4 Schedule 6 - Development Area and Planning District Boundaries is hereby amended to conform to the boundaries as shown on Schedule “1” - Land Use Plan attached hereto.

0 3 3

■

■

PART III - THE DAVID DUNLAP OBSERVATORY SECONDARY PLAN

SECTION 1 - INTRODUCTION

1.1 INTRODUCTION

The purpose of Part II is to amend the relevant sections of the Official Plan of the Plan No. 270 to the Official Plan of the Richmond Hill Planning Area, being a Secondary Plan for the David Dunlap Observatory Planning District.

1.2 PURPOSE

The purpose of this Amendment is to amend the Official Plan of the Richmond Hill Planning Area to establish a Secondary Plan for the David Dunlap Observatory Planning District.

1.3 LOCATION

The lands comprising Official Plan Amendment No. 270 encompass approximately 72 hectares (178 acres), and are generally contained within the area bounded by Bayview Avenue to the east, Hillview Drive to the north, the CNR Bala subdivision line to the west and the south limit of Lot 42 Concession 1, E.Y.S.

1.4 BASIS

Section 2.2.8.2 of the Official Plan establishes the policy basis for Secondary Plans in the Town.

The Official Plan indicates that Secondary Plans will:

Contain detailed objectives and policies concerning the planning and development of specific areas of the Town; and,

Ensure that the design of subdivisions for an extensive area is based on an accepted community structure.

This Secondary Plan has been prepared to address and satisfy the provisions of Section 2.2.8.2 of the Official Plan.

SECTION 2 - PRINCIPLES OF DEVELOPMENT

2.1 ENVIRONMENTAL SUSTAINABILITY

The guiding principle for development in the David Dunlap Observatory Secondary Plan Area is “Environment First”. This means that development will only be approved if it can be demonstrated that the environmental policies of the Town of Richmond Hill, the Regional Municipality of York and the Province of Ontario have been met prior to development being approved.

The objectives associated with this principle are:

a) To conform to all of the applicable policies of the Places to Grow Act and Plan, Provincial Policy Statement, York Region Official Plan and the Town of Richmond Hill Official Plan.

b) To provide an interconnected open space system which links the forested areas within the Natural Core, Major Urban Open Space and Neighbourhood designations of the Plan.

2.2 NEIGHBOURHOOD IDENTITY

The urban areas within the David Dunlap Observatory Secondary Plan are physically separated by lands designated “Natural Core" and “Major Urban Open Space” which are to be dedicated to a public authority. As a result, the urban areas are not contiguous. It is, however, important to achieve a neighbourhood identity.


a) To provide for a range of land uses including environmental , open space areas, residential neighbourhoods, public uses such as parkland and the preservation of the David Dunlap Observatory, the Administration Building, Elms Lea and the surrounding attributes.

b) To foster a sense of community identity by connecting neighbourhoods through public uses and open space systems.

c) To provide for the extension of necessary public services and facilities to support the community.

2.3 HOUSING CHOICES

This principle is to ensure that development within the “Neighbourhood” areas of the David Dunlap Observatory Secondary Plan Area will provide opportunities for a mix and range of housing types.


a) To provide a range and mix of housing types in order to achieve a balanced community.

b) To address the requirements of the Places To Grow Act and Plan, the Provincial Policy Statement (2005) and the Region of York Official Plan.

c) To encourage housing developments and designs which achieve more compact urban form, through effective and efficient use of land, services, community facilities and related infrastructure.

2.4 MUNICIPAL SERVICES

This principle is to ensure that all development within the David Dunlap Observatory Secondary Plan Area are on full municipal services, carried out pursuant to an

0 3 5

approved Master Environment Servicing Plan that considers all servicing solutions and in a manner that is environmentally responsible. The objectives are:

a) To locate future residential development in a manner which allows for the logical extension of municipal services.

b) To strategically iocate stormwater management facilities to minimize the number of facilities and maintenance requirements.

2.5 TRANSPORTATION AND TRANSIT

This principle relates to the need to ensure that the David Dunlap Observatory neighbourhoods are connected to the road, transit, trails and sidewalks systems both internally and externally.


a) To create a neighbourhood accessible to the broader Richmond Hill community by road, transit and walking/cycling services; and,

b) To ensure that development occurs in accordance with requirements for road improvements on surrounding streets.

2.6 FINANCIAL VIABILITY

This principle is to ensure that new development occurs in a manner which is timed to the provision of necessary infrastructure and is undertaken in a manner which minimizes impact to the Town’s finances including operating costs.


a) To ensure the costs of development including infrastructure required to service the development is borne by the landowners;

b) To ensure that the costs for infrastructure and other municipal services that provide a community benefit are included in the Town Wide and Area Specific Development charges, as applicable, and in accordance with the Development Charges Act; and,

c) To require phasing of development consistent with the timely delivery of required Regional and local infrastructure.

SECTION 3 - ENVIRONMENT AND WATER RESOURCE POLICIES

3.1 General Policies

Prior to approving new development, Council shall be satisfied that the development is consistent with the approved Master Environmental Servicing Plan.

3.1.1 Key Natural Heritage Features and Key Hydrological Features

1. Key natural heritage features and key hydrological features shall be protected and enhanced, where possible, over the long term.

2. Key natural heritage features and key hydrological features shall include: a. Significant habitat of endangered and threatened species; b. Fish habitat; c. Wetlands; d. Areas of Natural and Scientific Interest; e. Environmentally Significant Areas; f. Significant valleylands; g. Significant woodlands; h. Sand barrens, savannahs and tallgrass prairies; i. Permanent and intermittent streams; j. Seepage areas and springs; and k. Significant wildlife habitat.

3. Key natural heritage features and key hydrological features shall be identified in accordance with criteria provided by the Province of Ontario and the Toronto and Region Conservation Authority through a Natural Heritage Evaluation prior to development.

4. Development and site alteration on lands within identified key natural heritage features or key hydrological features will only be permitted in accordance with the Provincial Policy Statement 2005.

5. In the event of removal of any portion of a key natural heritage feature or a key hydrological feature by unauthorized development or site alteration, the landov/ner shall be required to restore the features and functions to an appropriate ecological condition, as determined by the Town.of Richmond Hill in consultation with York Region, the Conservation Authority, and the Province of Ontario, at the landowner’s sole expense.

6. Development or site alteration shall not be permitted within the minimum vegetation protection zone of key natural heritage features and key hydrological features unless it is demonstrated through a Natural Heritage Evaluation that the development or site alteration will not result in a negative impact on the feature or its functions to the satisfaction of the Town.

7. Where a key natural heritage feature or a key hydrological feature is located on or adjacent to a proposed development, a Natural Heritage Evaluation shall be provided as part of a development application.

8. The Town will co-operate with the Conservation Authority, the Province and York Region to further define and better understand key natural heritage features, key hydrological features and their functions, and to promote improved stewardship and protection strategies.

9. The Town will encourage private and public landowners with lands containing key natural heritage features or key hydrological features to manage the lands in a

037

manner that maximizes conservation and enhancement of such features and their functions in accordance with the policies of this Plan.

3.2 Natural Environment

1. It is the intent of Council that the lands identified on Schedule "1” - Land Use Plan as “Natural Core Area" shall be dedicated to the Province of Ontario, Toronto Region Conservation Authority, Town or other appropriate public body to ensure their long term protection.

2. A Natural Heritage Evaluation shall be submitted on a site specific basis prior to Draft Plan Approval or site plan approval to demonstrate how the development proposed meets the policies and requirements of this Plan and the approved Master Environmental Servicing Plan.

3. The Terms of Reference for a Natural Heritage Evaluation shall be approved in consultation with the Town and TRCA and shall include the following:

i. A description of the proposed development including conceptual servicing and stormwater management facilities;

ii. Identification of the interdependencies between and relationship of the water resources regime and lands within the Natural Core designation;

iii. Confirmation that the water management and servicing schemes do not impact the areas dedicated as Natural Core as shown on Schedule “1” - Land Use to this Plan; and,

iv. Identification of the environmental features and/or functions which could potentially be impacted by development during the pre-construction and post construction period to ensure no impact to the areas designated Natural Core.

3.3 Master Environmental and Servicing Plan (MESP)

1. Prior to the approval of a Zoning By-law Amendment, a draft plan of subdivision or site plan approval on the lands within this Secondary Plan Area, the draft MESP submitted by the applicant and dated January, 2010 for the DDO Lands, shall be revised to address the requirements as set out in this Section 3.3 and Section 5.4 of this Secondary Plan.

2. A MESP shall be prepared on the basis of sub-watersheds and have regard for all aspects of the subwatershed.

3. A MESP shall, in addition to other matters, provide the following information:

i) An analysis of the water budget; ii) Analysis of servicing requirements including stormwater management and

allocation of water and sanitary sewer capacity; iii) Heritage and archaeological inventory and analysis including the identification of

how these resources will be protected and/or preserved; and, iv) An assessment of transportation systems including roads, transit, pedestrian and

bicycle facilities and traffic calming design solutions;

SECTION 4 - LAND USE POLICIES

4.1 GENERAL POLICIES

1.) The community structure of the David Dunlap Observatory Planning Area is based on achieving a balanced community which includes areas identified for residential and public uses and preservation of the natural environment.

2.) New development must be undertaken in accordance with the principles, objectives and policies outline in Sections 2 and 3 of this Plan.

4.2 NEIGHBOURHOOD

4.2.1 LAND USE

1. The predominant use of land within the Neighbourhood designation shown on Schedule “1" Land Use Plan shall be low-rise residential uses.

2. The following uses shall be permitted in the Neighbourhood designation:

a. Low-density residential uses such as low-rise single detached, semi-detached and duplex dwellings.

b. Medium-density residential uses such as low rise townhouses and walk-up apartments in accordance with the policies of Section 4.2.1.1 of this Plan.

c. Parks and urban open spaces in accordance with the policies of Section 4.4 of this Plan.

3. Development shall be compatible with the character of the adjacent and surrounding area.

4. Development within the Neighbourhood designation shall have a maximum building height of 3 storeys, except on an arterial street where the maximum building height shall be 4 storeys;

5. Development shall be oriented to protect and enhance key natural heritage features and key hydrological features.

6. Development shall orient and site public streets, pedestrian and cycling trails, parks, stormwater management works and built form to create public views that frame key natural heritage features, key hydrological features, significant views, cultural heritage resources, and other landmarks.

7. Development shall respect the cultural heritage landscape designation on the David Dunlap Observatory lands and shall be permitted only where it can be demonstrated that the cultural heritage resources and associated attributes and buffers on the DDO lands are protected and enhanced, and the cohesiveness of the cultural heritage resources are maintained to the satisfaction of the Town.

8. Prior to development, the Town shall determine the limits, including associated buffers, of the cultural heritage conservation area within the cultural heritage landscape designation as refined and generally depicted in the David Dunlap

Observatory Lands Conservation Management Plan, January 2011 which has been endorsed by Council.

9. Development shall be designed so as to limit the impacts of light pollution on the observatory building and the operation of the “Great Telescope".

10. Streets, walkways and trails shall be designed and oriented to link the ODO lands with the surrounding neighbourhoods including the integration with existing and planned pedestrian and cycling trails. Within the cultural heritage landscape, new streets, walkways or trails shall be designed so as to not adversely impact the cultural heritage resources.

12. Buildings, streets, walkways, parkland and stormwater management works shall be designed in a manner which showcases the uniqueness of the DDO lands.

13. The design and orientation of buildings, structures and urban open spaces shall showcase and complement the architecture of the existing built structures and physical attributes of the DDO lands.

14. Urban design guidelines shall be approved by the Town to ensure quality community, site and built form design including variation and use of exterior materials and finishes that are of a high quality and which reflect the unique identity of the DDO lands.

4.2.1.1 Medium Density Residential

1. Development of medium density residential uses may be permitted on lands that have frontage on:

a. An arterial street. b. A collector street and is within walking distance to a public transit stop and as

identified in a Tertiary Plan undertaken by the Town and approved by Council. c. A local street and only in proximity to an existing medium density residential

development as identified in a Tertiary Plan undertaken by the Town and approved by Council.

2. Medium density residential development shall have a maximum site density of 50 units per hectare (20 units per acre).

4.2.2 URBAN DESIGN

1. To support the principles for development in the David Dunlap Observatory Planning Area, Urban Design Guidelines will be developed that provide direction to ensure that the David Dunlap Observatory Planning Area will be a distinct community with well- defined cohesive neighbourhoods that promote a sense of identity. These Urban Design Guidelines shall be based on the following policies:

a) Significant natural features will be incorporated into the urban fabric. b) Schools and parks will be located to act as visual and physical focal points and to

maximize accessibility within neighbourhoods and, where possible, will be campused together.

c) Special attention will be paid to the architecture and massing of civic and institutional buildings to reinforce their role as community landmarks and focal points.

d) The structure of the plan of subdivision will be based on a modified grid pattern of streets with appropriate allowances for protection of natural features and topographic features.

e) There will be a clear hierarchy of local and collector roads that encourage connectivity to internal and external amenities, transit facilities and public spaces.

g) Priority locations for special streetscape attention will include entrance roadways leading into the community, focal points within the community, areas adjacent to scenic or environmental features, and locations that provide a vista or special point of relationship with open spaces.

h) Regardless of their size and function, all roads will be designed to be safe, supportive of social interaction, and pedestrian-friendly.

j) Special regard shall be given to the design of buildings in highly visible priority locations adjacent to valley corridors, natural features, parks, schools, community entrances and perimeter arterial roads,

k) Streetscape design guidelines including consideration of: i) a variety in built form and massing; ii) attractive landscaping, street furniture and street lighting; iii) pedestrian and cycling friendly environments; and iv) shelters for pedestrians at transit stops.

2. Development shall be assessed on the basis of conformity with the relevant urban design guidelines which have been approved by Council in accordance with the policies of this Section 4.2.

3. Development shall be compatible with the existing character of adjacent and surrounding areas with respect to the following:

a. Predominant building forms and type; b. Massing; c. General patterns of streets, blocks, lots and lanes; d. Landscaped areas and treatments; and, e. General pattern of yard setbacks^

4. Urban open space connections within the Neighbourhood and to abutting areas shall be encouraged to provide pedestrian and cycling mobility.

4.3 NATURAL CORE

The Natural Core designation includes natural core areas located within the DDO lands that include key natural heritage features, key hydrological features and their functions and landform conservation areas. The purpose of Natural Core areas is to maintain and, wherever possible, improve or restore the ecological integrity of natural features and functions. Lands within the Natural Core designation shall be protected over the long term to maintain and, wherever possible, enhance the size, diversity, health, connectivity, and resiliency within a larger greenway system.

' 0 4 1

4.3.1 LAND USE

1. The following uses shall be permitted in the Natural Core designation shown on Schedule 1 Land Use of this Plan:

a. Fish, wildlife and forest management. b. Conservation projects and flood and erosion control projects other than

stormwater management works. c. Essential transportation, infrastructure, and utilities, subject to the policies in

Section 5 of this Plan. d. Low-intensity recreational uses. e. Unserviced parks. f. Uses accessory to the uses listed above.

2. The establishment, expansion or upgrade of transportation, infrastructure or utilities may be permitted in Natural Core areas where the need for the project can be demonstrated and only where there is no reasonable alternative, and planning, design, construction and management practices are incorporated so that they:

a. Do not adversely affect the ecological integrity or hydrological integrity of the Natural Core area;

b. Maximize the amount of natural vegetation cover restored within the right-of-way of the proposed infrastructure, transportation or utility use; and

c. Maintain and, wherever possible, improve the ability of plant and animal species to move within the Natural Core area.

3. The limits of the lands designated Natural Core shall be determined through the completion of an MESP in accordance with the policies of Section 5.4 of this Plan.

4. An amendment to this Plan shall not be required where the limits of a Natural Core area, as shown on Schedule 1 Land Use, have been refined as determined through a Natural Heritage Evaluation completed in accordance with Section 3.2 of this Plan to the satisfaction of the Town and the Conservation Authority.

4.4 MAJOR URBAN OPEN SPACE

The urban open space system includes a network of parks, stormwater management ponds and urban linkages such as walkways, trails, utility corridors and boulevards. The Major Urban Open Space designation includes large areas of land within the urban open space system that serve specialized recreational or cultural functions and provide focal points within the Town.

4.4.1 LAND USE

1. The following uses shall be permitted on lands designated Major Urban Open Space shown on Schedule “1 " - Land Use of this Plan:

a. The David Dunlap Observatory, its Administration Building, the Elms Lea residence and the surrounding attributes. b. Fish, wildlife and forest management.

c. Conservation projects and flood and erosion control projects including stormwater management works.

d. Low-intensity recreational uses. e. Active recreation and cultural facilities. f. Public parks.

2. Prior to development, the Town shall determine the limits, including associated buffers, of the cultural heritage conservation area within the cultural heritage landscape designation as generally depicted in the David Dunlap Observatory Lands Conservation Management Plan, January 2011 which has been endorsed by Council.

3. Notwithstanding policy 4.4.1 of this Plan, within the cultural heritage conservation area, generally as depicted in the David Dunlap Observatory Lands Conservation Management Plan, January 2011 which has been endorsed by Council, permitted uses shall be limited to the following:

a. Observatory and related facilities. b. Post secondary institutions and ancillary uses such as offices. c. Public secondary schools. d. Public elementary schools. e. Public Parks and trails. f. Government facilities. g. Arts and cultural facilities.

4. A Conservation Master Plan shall be approved by the Town for the cultural heritage conservation area which shall provide for a comprehensive and evolving strategy for conservation and management of the cultural heritage resources within the cultural heritage conservation area.

4.4.2 CULTURAL HERITAGE

1. Conservation of cultural heritage resources is an integral part of place-making, contributing to the Town’s identity, economic potential, and quality of life. This Plan recognizes the importance of preserving cultural heritage resources in a way that allows historical buildings, structures, and landscapes to be experienced and appreciated by existing and future generations.

2. The Town shall use the authority and tools provided by legislation, policies, and programs, including the Ontario Heritage Act, the Planning Act, the Provincial Policy Statement 2005, the Environmental Assessment Act, the Municipal Act, and the Places to Grow Act to implement and enforce the cultural heritage policies of this Plan.

3. Development shall be designed so as to preserve designated cultural heritage resources including the cultural heritage landscape.

4. Development and site alteration adjacent to a property with a designated cultural heritage resource shall be designed as to ensure that the heritage attributes of that

property are conserved.

• 0 4 3

5. The Town shall require a Cultural Heritage Impact Assessment or a Cultural Heritage Conservation Plan prepared by a qualified professional where development is proposed adjacent to, or in the immediate vicinity of, a building, structure or landscape designated or on the register under the Ontario Heritage Act;

6. The Town will work with public agencies to ensure that publicly owned cultural heritage resources are conserved and maintained in a state of good repair over the long term.

7. The Town shall encourage private landowners to conserve and maintain cultural heritage resources in a state of good repair over the long term.

SECTION 5 -TRANSPORTATION AND SERVICING POLICIES

5.1 FUNCTIONAL STREET CLASSIFICATION

The Town’s street network is part of a broader regional transportation network and is comprised of Provincial highways and a street hierarchy consisting of arterial streets (Regional and Town), collector streets, local streets and laneways.

Arterial Streets

1. The primary function of arterial streets shall be to accommodate the Region’s planned network of public rapid transit and to accommodate municipal, intermunicipal and regional traffic in accordance with the following:

a. Arterial streets shall be established as multi-modal corridors which serve for the movement of public transit, pedestrians, cyclists and vehicles.

b. Arterial streets shall have a minimum right-of-way width of 36 metres. c. Direct access to and from arterial streets shall be subject to the approval of York

Region and shall generally be discouraged, controlled and restricted. d. Sidewalks shall be provided on both sides of arterial streets, wherever feasible. e. Bicycle lanes shall be provided on arterial streets in accordance with the Town's

Pedestrian and Cycling Master Plan, which is approved by Council, and York Region’s Pedestrian and Cycling Master Plan.

f. The Town shall support a high quality streetscape design along arterial streets to promote a walkable and pedestrian-oriented environment.

Collector Streets

2. The primary function of collector streets shall be to accommodate public transit and the movement of traffic within and between Neighbourhoods, centres and corridors and employment lands in accordance with the following:

a. Collector streets shall have a minimum right-of-way width of 26 metres and may be reduced to 23 metres to the satisfaction of the Town.

b. Sidewalks shall generally be provided on both sides of collector streets.

0 4 4

c. Bicycle lanes shall be provided on collector streets in accordance with the Town’s Pedestrian and Cycling Master Plan and York Region's Pedestrian and Cycling Master Plan, as amended from time to time.

d. The Town shall support a high quality streetscape design along collector streets to promote a walkable and pedestrian-oriented environment.

Local Streets

3. The primary function of local streets shall be to provide direct access and facilitate the movement of low volumes of traffic to collector streets and some arterial streets in accordance with the following:

a. Local streets shall have a minimum right-of-way width of 20 metres and may be reduced to 18 metres where there is a demonstrated benefit to the Town.

b. Local streets shall be designed to minimize through traffic. c. Through truck traffic shall generally be restricted on local streets within the

interior of neighbourhoods. d. Sidewalks shall be provided on one side of local streets, where feasible and shall

be required on both sides of a local street where the need is determined by the Town in accordance with the policies of this Plan.

e. The Town shall support a high quality streetscape design along local streets to promote a walkable and pedestrian-oriented environment.

f. The Town shall discourage local streets ending in cul-de-sacs to promote a well- connected public street network. Cul-de-sacs may only be permitted where: i. the topography and natural features prevent the construction or logical

extension of a through street; ii. the street extension would have to cross a railway right-of-way or any other

utility corridor; or iii. safe and convenient pedestrian connections can be made between the cul-

de-sac and other existing streets (i.e. pedestrian bridge).

Tree-Lined Streets

4. Development shall be required to provide street trees on public streets to the satisfaction of the Town.

5. The Town shall require the provision of adequate space, growing medium, and conditions for tree protection and tree planting within street rights-of-way in the design and construction of new public streets or existing public street improvements.

5.2 ACCESSIBILITY/BARRIER-FREE PLANNING

The policies of this Plan are intended to continue to implement the Town’s role as a leader in universally accessible and barrier-free design promoting accessibility to both public and private facilities.

1. A barrier-free environment shall be promoted throughout the Town which facilitates access for persons with disabilities and special needs.

2. Development shall be designed in accordance with the Ontarians with Disabilities Act and other applicable Provincial legislation.

3. The modification of existing buildings and facilities shall be encouraged to improve the level of accessibility.

4. The Town shaii ensure that its parks and recreation facilities are accessible and safe.

5. Barrier-free access to Town-owned parks and publicly accessible urban open spaces shall be incorporated.

5.3 SERVICING POLICIES

5.3.1. Water and Wastewater Services

1. Development within the DDO Lands shall be on the basis of public water and wastewater services phased in accordance with servicing capacity availability.

2. Water and wastewater servicing capacity shall be allocated to development on lands designated Neighbourhood by Council. Development may be considered by Council for servicing allocation provided that the proponent demonstrates conformity with the Town’s criteria for servicing allocation as approved by Council.

5.3.2 Stormwater Management

1. Development shall adhere to or exceed Provincial and Conservation Authority guidelines for stormwater management best management practices (BMPs). Applicants are encouraged to propose innovative stormwater management works to control the quantity and quality of stormwater runoff, erosion control, sedimentation control and temperature control subject to the Town's approval, in consultation with the Conservation Authority.

2. In areas where soil types and site size would permit, the Town shall require on-site infiltration and retention through permeable surfaces, bioswales, and other innovative alternatives to the practice of collecting and piping stormwater runoff.

3. Development shall be required to incorporate appropriate low impact development techniques to maintain the water balance on the development site, provide appropriate quality and quantity control of runoff at source, consider the watershed plan and water budget and conservation plan objectives and to maintain the longterm recharge function to underground aquifers.

4. Development shall be required to incorporate low impact development techniques that allow smaller rainfall events to be retained at source on the development site, to provide appropriate groundwater recharge at source. For the purposes of this policy, smaller rainfall events include storms within a 24-hour period with rainfall volumes of 5 mm or less. These storms are recognized to represent 50% of the annual average rainfall volume.

5. The Town shall require the preparation of comprehensive Master Environmental Servicing Plans, in accordance with Section 5.4 of this Plan, and Stormwater Management Plans, in accordance with Section 5.3.2 of this Plan, to minimize stormwater volume and contaminant loads, and maximize infiltration through an integrated treatment approach, which may include techniques such as rainwater harvesting, runoff reduction of solids and materials at source, phosphorus reduction, constructed wetlands, bioretention swales, green roofs, permeable surfaces, clean water collection systems, and the preservation and enhancement of native vegetation cover.

6. Stormwater Management Plans shall be prepared prior to the approval of development to the satisfaction of the Town and the Conservation Authority. The content of Stormwater Management Plans shall be in conformity with and implement the provisions of the approved MESP, watershed plan and water budget and conservation plan and other relevant policies of this Plan.

7. Rapid infiltration basins and rapid infiltration columns shall not be permitted.

8. Development may be required to create and implement an Erosion and Sedimentation Control Plan consistent with Town and Conservation Authority requirements. The Erosion and Sediméntation Control Plan must list the BMPs employed and describe how they accomplish the following objectives:

a. Prevent erosion of soil during construction, including prevention of sediment migration off-site, by stormwater runoff and/or wind erosion, including but not limited to stockpiling of topsoil for reuse.

b. Prevent sedimentation of any affected stormwater conveyance systems or receiving streams.

c. Prevent polluting the air with dust and particulate matter. d. Stabilization of all disturbed areas.

9. Stormwater management works shall be oriented, designed and constructed in accordance with the Town’s Stormwater Management Landscape Design Criteria and Implementation Guidelines in order to enhance the greenway system, create and enhance new public views, and integrate stormwater management works as destinations within the community. Opportunities for pedestrian pathways combined with other passive recreational opportunities to compliment the greenway system and connect to the surrounding area will be encouraged.

10. Opportunities for creating wetland areas will be explored and encouraged as part of the design of new stormwater management works and the rehabilitation of existing stormwater management works in accordance with the Town’s Stormwater Management Landscape Design Criteria and Implementation Guidelines. Stormwater management works shall be maintained to function as a stormwater management facility.

5.4 MASTER ENVIRONMENTAL SERVICING PLAN (MESP)

1. A MESP for the DDO Lands shall be prepared based on a Council approved Terms of Reference in consultation with York Region, the Conservation Authority and the Province, as required.

' 0 4 /

2. The MESP shall be prepared on the basis of subwatershed(s) and shall have regard for all aspects of the subwatershed water resources regime, including surface and subsurface water and natural features and their functions.

3. The boundaries of the MESP shall be determined to the satisfaction of the Town.

4. The MESP shall provide inventory and mapping, evaluation and analysis, mitigation and policy requirements, as outlined in a Terms of Reference approved by Council, including but not limited to the following:

a. A comprehensive hydrological, hydrogeological and geotechnical analysis which addresses groundwater recharge and discharge, aquifer vulnerability, and water budget.

b. A Master Sen/icing Plan that includes:

i. The identification of existing infrastructure and network descriptions and inventory;

ii.Future land use and servicing implications and analysis; iii.Proposed infrastructure recommendations and implications; v. Stormwater Management Plan including strategies for innovative water

management; v. Water Distribution Plan; vi. Sanitary Sewer System Plan; and, vii. Recommended low impact development techniques which shall be required

for development applications in the area covered by the MESP to protect and enhance the natural and built environment.

c. A Transportation Study that includes:

i. A preferred transportation network plan and analysis; ii. Demand forecasting; iii. Public transit routing and improvements; iv. Pedestrian and cycling strategies; v. Traffic assignment and intersection volume analysis; and, vi. Impact analysis and mitigation measures.

d. A Noise and Vibration Analysis in accordance with Section 5.8 of this Plan.

e. Natural Heritage Evaluations in accordance with Section 3.1.1 and 3.2 of this Plan.

f. Cultural heritage resources and archaeological resources inventory and analysis.

g. A recommended concept plan which demonstrates the findings of the MESP and incorporates the land use and design concepts for the Secondary Plan area in accordance with the policies of this Plan.

h. Such other matters as may be determined by the Town from time to time.

5.5 WASTE MANAGEMENT

1. The Town shall support programs to divert waste from landfills, including but not limited to a waste reduction strategy, building design, and guidelines that support waste reduction and diversion.

2. New multi-unit residential development shall participate in and incorporate three- stream waste collection in the building design.

5.6 ENERGY CONSERVATION

1. Renewable energy projects and alternative energy systems shall be permitted on the lands designated “Neighbourhood” in accordance with Provincial and Federal requirements and shall be promoted.

2. The Town may update and expand the Energy Management Plan, 2008, for Town facilities. The updated Energy Management Plan may, among other things, include a Town-wide Community Energy Plan which will detail the Town’s energy use requirements, establish a plan to reduce energy demand, and consider the use of alternative and renewable energy generation options and district energy systems.

3. The Town may require, where appropriate and feasible, naturalized low maintenance landscaping.

5.7 UTILITIES

1. Public utilities, authorized in accordance with the requirements of the Environmental Assessment Act, where applicable, and that do not conflict with the Vision and Guiding Principles of this Plan, are permitted in all land use designations.

2. The underground installation of utilities shall be required unless it is demonstrated to the Town’s satisfaction that it would not be feasible to do so.

3. The Town shall promote the shared placement of utilities within easements and rights-of-way to minimize land requirements and increase the efficiency of utility construction and maintenance.

4. Where it is not possible to install utilities underground, above ground structures should be clustered, where feasible, and shall be required to locate in areas that minimize the visual effects of utilities, where feasible, through screening or buffering that maintains the character of the surrounding area.

5. The Town shall encourage utility providers to consider innovative methods to contain utility services on or within streetscape features such as gateways, lamp posts, or transit shelters.

6. Wherever feasible, telecommunication service providers may be required to facilitate the integration of cellular transmission facilities in the design of buildings at an early stage in the development process.

■ 0 4 9

7. The Town will encourage proponents of development to undertake discussions with utility providers at an early stage in the development approval process to ensure that utility requirements, including adequate utility networks, required stations and facilities, and required setbacks, are or will be in place to serve the needs of the proposed development.

5.8 NuiSE, ODOUR AND VIBRATION

1. The Town shall require appropriate mitigation of adverse impacts on sensitive uses from noise, odour and vibration emanating from noise, odour and vibration generating sources such as airports, rail yards, railways, Provincial highways, arterial streets, primary transit corridors, industrial uses and commercial uses.

2. Sensitive uses shall be buffered through mechanisms such as appropriate development standards, building design, location of outdoor living areas, and the provision of landscaping including street trees, fencing, or berms.

3. Where residential development is proposed in proximity to a Provincial highway, an airport, a railway, an arterial street, or an industrial use, proponents of development shall be required to submit a Noise and Vibration Analysis and implement required mitigation measures to the satisfaction of the Town.

4. The Noise and Vibration Analysis shall:

a. Be undertaken by a qualified person; b. Use recognized noise and prediction techniques; c. Incorporate appropriate mitigation measures to minimize incompatibility between

land uses to the satisfaction of the Town, in consultation with York Region, where applicable;

d. Contain an assessment of noise levels to which the proposed uses will be subjected before and after abatement measures are installed, from the existing and anticipated situation over a 24-hour period; and,

e. Address Ministry of the Environment (MOE) land use compatibility guidelines.

SECTION 6 - IMPLEMENTATION

6.1 GENERAL PROVISIONS

a) Implementation of the policies of this Secondary Plan shall be in accordance with the Planning Act of Ontario, Places to Grow Act and Plan, and other applicable Provincial legislation and the York Region Official Plan.

b) Implementation shall also be in accordance with the policies of the Official Plan of the Richmond Hill Planning Area, as amended from time to time. Where a conflict exists between the policies of this Secondary Plan and the Town's Official Plan, the policies of this Plan shall apply.

c) The implementation of the David Dunlap Observatory Secondary Plan is expected to occur over a multi-year time frame when the necessary Regional infrastructure and servicing capacity has been completed and allocated to the Town of Richmond Hill.

and allocated by the Town to development in accordance with the policies of this Plan.

d) The conservation and maintenance of cultural heritage resourses in a good state of repair will be in compliance with the Town’s Property Standards By-law, if necessary.

6.2 ZONING BY-LAW

a) Prior to the approval of a draft plan(s) of subdivision and approval of a Zoning Bylaw amendment to implement the policies and designations of this Secondary Plan, the Town, TRCA and the Region of York shall have approved a completed MESP.

b) The Zoning By-law may contain provisions for holding zones as provided for in Section 36 of the Planning Act in recognition of the need to ensure the availability of required servicing capacity and required servicing infrastructure.

c) Accordingly, it is the intent of Council to enact a By-law and amend existing By-laws in accordance with the provisions of this Secondary Plan which utilizes the holding provisions of Section 36 of the Planning Act. The Zoning By-law shall define and incorporate a holding symbol which shall be the letter "H", which shall precede the use and density provisions contained in any such By-law.

d) No development shall occur on lands zoned with a Holding symbol until the Holding "H" symbol has been removed. An amendment to the By-law will be required and shall not be adopted until the following conditions have been satisfied:

i) Council has been satisfied as to the suitability and capacity of a site for the intended uses including the availability of required water and/or sanitary sewer servicing capacity and required servicing infrastructure.

ii) Council has allocated the sanitary sewer and/or water capacity to allow such development to proceed.

iii) A plan of subdivision has been draft approved.

e) Where a holding zone pursuant to this section is in effect, the by-law may provide that:

i) No building or structure may be constructed on the site unless permitted by Council.

ii) The owner may not construct or locate on the lands, a sales pavilion/centre or office v/hich offers to sell or agrees to sell lands based on an unregistered plan of subdivision, plan of condominium or site plan.

f) Where a holding zone pursuant to this section is in effect, no building or structure may be built on the site, unless permitted by Council, or until the holding zone designation is removed.

g) The division of land by way of consent or exemption from part lot control shall only be permitted where the Town is satisfied that the division or conveyance does not prejudice the future development of the remaining lands or abutting lands.

6.3 SUBDIVISION OF LAND

a) Development in the Amendment area is subject to subdivision control and part lot control.

b) In addition to the provisions of the Planning Act, Council must be satisfied that proposed draft pians of subdivision meet the following conditions:

i) Conform with the principles, objectives, policies and criteria of this Amendment; ii) Can be provided with adequate services and facilities as required by the Region

and the Town; iii) Do not prejudice the development of adjacent lands; and, iv) Are not premature.

6.4 DEVELOPMENT CHARGES

a) Prior to any development approval, the Town shall have enacted development charge by-laws identifying the Town-wide and area specific development charges that may be applicable to land with the David Dunlap Observatory Planning District.

6.5 REQUIRED STUDIES, REPORTS AND PLANS

a) Studies, reports and plans required by this Secondary Plan shall be completed in accordance with terms of reference prepared by or approved by the Town and York Region and will be completed by qualified professionals having the appropriate technical knowledge, experience and credentials to complete the studies identified.

b) If the Town determines that a peer review of any study, report or plan required by this Plan is necessary, the proponent may be required to provide the necessary funding to allow the Town to obtain the peer review.

6.6 LAND SECUREMENT AND DEDICATION

a) It is the intent of Council that the cultural heritage precinct and the lands designated "Natural Core” and “Major Urban Open Space" including the required buffers be dedicated at minimal or no cost to the Town of Richmond Hill or other appropriate public agency.

b) The Town may secure lands, whether for environmental or other purposes through one or more of the following mechanisms:

i) acquisition in accordance with the Planning Act and the Development Charges Act;

ii) Working with the Provincial Government, Region of York and Toronto and Region Conservation Authority to use all funds available to acquire land;

iii) Encouraging landowners to dedicate or bequeath environmental lands; iv) Density transfers and/or bonuses; v) expropriation as provided for in the Municipal Act, 2001; vi) Negotiation as a condition of development approval; vii) Land exchanges with the Town and/or other landowners; viii)Easements for protection of natural heritage registered on title;

ix) Public purchase; and, x) Any other available means for protecting environmental and natural heritage

areas with minimal impact to the Town’s financial resources.

6.7 PHASING

a) Development permitted by this Plan shall proceed in an orderly and logical sequence with respect to availability of infrastructure, so that extensions or improvements of roads and services are made available in a timely and efficient manner. It is not anticipated that this requirement will necessitate the identification of individual development parcels or areas according to a rigorous and detailed phasing programme. Reasonable flexibility should be maintained so as not to interfere with competition and variety in the production of new housing stock, as those markets require.

b) The provision of needed infrastructure shall be co-ordinated through the development approval process, so that those facilities required to satisfy the needs of the new development for servicing capacity, storm water management, road access and transportation shall be concurrently provided.

6.8 REGIONAL FISCAL IMPACT ANALYSIS

Prior to the approval of any development applications (including, but not limited to, plans of subdivision, site plans and rezoning applications), the Region of York shall have completed an economic/fiscal impact analysis and the conclusions of the analysis shall be resolved to the satisfaction of the York Region Finance Department prior to the approval of any development application, if applicable.

SECTION 7 - INTERPRETATION

7.1 GENERAL INTERPRETATION POLICIES

a) The implementation of this Amendment shall be in accordance with the provisions of the Planning Act, R.S.O. 1990, as amended, and the respective policies of the Town of Richmond Hill Official Plan.

b) The boundaries between the land use designations shown on Schedule “1” - Land Use hereto are approximate, except where they coincide with arterial roads or valley lands as defined elsewhere in this document. Minor adjustments shall not require a further amendment to this plan as long as the intent is maintained.

c) All area allocations and other statistics are approximate and should be regarded as flexible. Minor variations from statistics shall be permitted as long as the intent of the policies of this Plan is maintained.

d) The provisions of the Official Plan, as amended from time to time, regarding the interpretation of the Official Plan of the Town of Richmond Hill, apply in regard to this Official Plan Amendment. In the event of conflict with the Official Plan or any amendment thereto, the provisions of Amendment No. 270 shall prevail unless

otherwise specified.

e) The alignments of roads shown on Schedule “1" - Land Use are approximate, except where they correspond with existing roads. Minor alignment adjustments shall not require amendments to this Secondary Plan, as long as the general intent of its policies is maintained.

AM

EN

DM

EN

T N

o. 2

70 T

O T

HE

OFF

ICIA

L P

LAN

OF

THE

RIC

HM

ON

D H

ILL

PLA

NN

ING

AR

EA

SC

HE

DU

LE 1

LAN

D U

SE

PLA

N

NIG

IITS

TAR

DR

IVE

DLU

IiSK

Y C

RES

CEN

T

CO

NST

ELLA

TIO

N

■ Ï,

ON

LIO

I1TL

AN

H

——

rf.

WIL

FRED

CO

UK

T

H.V

Gip

lPlA

NN

ING

\Map

_Pla

nnim

j\OPA

\OPA

_270

_1.U

gM 4

/5/2

012

2:21

:53

PM V

IEW

MO

DEL

=OPA

2/0_

-I

LEG

END

AR

EA A

FFEC

TED

BY

THIS

AM

END

MEN

T

NEI

GH

BO

UR

HO

OD

NA

TUR

AL

CO

RE

MA

JOR

UR

BA

N O

PEN

SPA

CE

Tsw

m! S

TOR

M W

ATE

R M

AN

AG

EMEN

T PO

ND

PAR

K

NO

TE: T

HIS

SC

HE

DU

LE F

OR

MS

PA

RT

OF

AM

EN

DM

EN

T N

o. 2

70 T

O T

HE

OFF

ICIA

L P

LAN

OF

THE

RIC

HM

ON

D H

ILL

PLA

NN

ING

AR

EA

AN

D M

US

T B

E R

EA

D IN

CO

NJU

NC

TIO

N W

ITH

TH

E W

RIT

TEN

TE

XT

BAVVEH-aveJ

SCHEDULE C

Cultural Heritage Precinct Plan

- 1 9 -

* I tt e l l

ii i

0 5 5

low

oi (

UcH

HW

MKt

Hill

3Q

p*v

l(j U

uiiM

ii Q

bt«i

vM«y

i Cw

w»i

v»il«

n I’l

an

- 1 7 -

'tnoiwu n nt

056225 East Beaver Creek Road. Richmond Hili, ON 143 3P4 T 505 771 8300' F 905 771 2404 RichmondHill.ca

SCHEDULE D-1

Planning & Regulatory Services Department Policy Planning Division

CONFIDENTIAL

February 29, 2012

MEMO TO: Salvatore Aiello, Manager of Subdivisions

COPY TO: Carolyn Woodland, Director of Planning & Development TRCA Ana Bassios, Commissioner of Planning & Regulatory Services

FROM: Tracey Steele, Manager of Park & Natural Heritage Planning

SUBJECT: Woodland Restoration on the David Dunlap Observatory Site Corsica Developments (D03-10001) WITHOUT PREJUDICE

As part of the OMB mediation settlement proposal for the David Dunlap Observatory site, the Town and TRCA are requiring the applicant to facilitate (through means of implementation discussed below) three types of woodland restoration in three different areas of the site.

It is the position of both TRCA and the Town that all of the woodlands on the David Dunlop Observatory site are Significant Woodlands pursuant to the Provincial Policy Statement 2005 issued under the Planning Act R.S.O. 1990. Therefore, in order to ensure no negative impacts to the woodlands or their ecological functions it was originally the position of the public agencies that any portion of significant woodland removed, must be replaced onsite with a 1:1 replacement ratio (i.e. if 1 hectare of significant woodland is removed to facilitate development, then 1 hectare of woodland must be created somewhere else on the site). However, through the OMB mediation process, it has been determined that a 1:1 ratio for woodland replacement is not feasible in this specific situation. Therefore, in an effort to reach a settlement, TRCA and the Town have agreed to accept qualitative enhancement of woodlands preserved on site as part of an overall woodland restoration package, v/hich will ensure no negative impact to the woodlands.

Details regarding the size of each woodland restoration area, as well as the total area of woodland that will be removed, are summarized on the attached document entitled Corsica Woodland Compensation. The Area #’s on the summary refer to the Vegetation Unit # identified on Figure 2.1,3D of the draft David Dunlap Observatory Lands MESP (a copy of which is also attached). Cost estimates are based on previous Town and TRCA experience undertaking similar types of restoration work.

1. Cultural Woodland Buffer Planting

Purpose: As indicated in the David Dunlap Observatory Lands Conservation Management Plan (Section 2.4.1, page 44), the purpose of this planting is to establish a buffer along the outside perimeter of the observaton/ backdrop plantation "to protect views through the plantation to adjacent lands, to provide shade and to reduce wind impacts to the woodland.” Additionally, this planting will continue along the east edge of the cultural heritage precinct to protect views from the adjacent lands into the precinct.

Area: 1250 linear metres, 5 - 1 0 metres in width

Unit Cost: $200 per linear metre

Total Cost: $250,000

Description: Dense, continuous planting of woodland edge species including low-growing and tall shrubs, as well as trees.

Implementation: Corsica Developments will be required to design and implement this planting as a condition of draft plan of subdivision approval. The implementation of the planting will be secured through the subdivision agreement and Corsica would be expected to provide associated securities.

2. New Woodland Creation

Purpose: To create new self-sustaining, native forest communities appropriate for the post-development site conditions.

Area: 8.41 hectares

Unit Cost: $50,000 per hectare

Total Cost: $420,500

Description: A restoration strategy with a multi-year management plan will be developed. The strategy is likely to involve the initial planting of a variety of native tree and shrub species and sizes throughout the entire area as well as ongoing monitoring, infill tree and shrub planting, groundcover planting and invasive species management.

Implementation: A condition of draft plan of subdivision approval will require that Corsica Developments pay to the Town the total cost for the new woodland creation. Transfer of the funds will be required upon execution of the subdivision agreement. In partnership with the TRCA, the Town will use the funds to facilitate the new woodland creation over a multi-year timeframe.

3. Woodland Enhancement & Management

Purpose: To improve the ecological function of retained woodlands by improving native species diversity. To ensure that existing woodlands are maintained in manner appropriate for public access. And, to manage specific cultural heritage woodland areas consistent with management recommendations set out in the David Dunlap Observatory Lands Conservation Management Plan, Section 2.4.1).

Area: 24.46 hectares

Unit Cost: $50,000 per hectare

Total Cost: $1,223,000

Description: (a) Natural Heritage Woodlands (outside the cultural heritage precinct)

• Invasive species removal • Edge management

0 5 8 3 o f 2

225 East Beaver Creek Road, Richmond Hill. ON L43 3P4 T 905 771 8800 F S05 771 2404 RichmondHill.ca

• Understory/infill planting • Plantation conversion activities (stand thinning and replanting) • Management of hazard trees

(b) Cultural Heritage Woodlands (inside the cultural heritage precinct) • Pruning to ensure that trees in the Observatory backdrop plantations do not obstruct a sight line

measured 20 degrees from the base of the telescope • Removal and replacement of declining/hazardous trees and invasive species within the Observatory

backdrop plantations, research plot areas and the larch tree laneway

Implementation: A condition of draft plan of subdivision approval will require that Corsica Developments pay to the Town the total cost for the woodland enhancement and management. Transfer of the funds will be required upon execution of the subdivision agreement. In partnership with the TRCA, the Town will use the funds to facilitate the woodland enhancement and management over a multi-year timeframe.

Schedule D-2

M&n

S88

-ŒS.

21Hf

ttan: :

WJTJ j

usas

®

Flgu

ro 2

.1.3

0 Ve

geta

tion

Uni

ts a

nd S

peci

es o

f Con

serv

atio

n C

once

rn

Dav

id D

imia

p O

bser

vato

ryf i

Sibi

nd P

mw

tv ■

ttfî-

Bcg

GoM

ariv

xlu

ÜitJ

ixiiu

t loc

atio

ns *

DH

- D

wsr

'Ra!

|«!.>

i»-ry

VoQ

.-tw

i-m U

-ita

s U

S - G

iucs

tul S

odgn

r~;\\

v<tc

..v) (

hilM

/t 3-

2) e

SR

C-S

*8nv

>Rc:

lCu-

fTio

<U

»U. *

•;-**

a

iv«^

vr«

a «s

**

4r-c

xw

r %

c»t

1

i i

i

BE

AC

ON

1:3

.Sût

)

eu en

SCHEDULE D-3

Corsica Woodland Compensation Chart

Corsica Woodland Compensation Areas to be Re-planted

Area # Siza (ha) 8 4.97 11 0.99 16 2.45

Total: 8.41 x $50,000.00/ha.

$420,500.00

Areas to be RemovedArea # Size (ha)

19 1.66 22 0.3

25 3.05 26 5.45

27 1.4 29 0.29

30 1.59 31 1.9 32 1.6 24 0.19 34 0.01

35H 0.05 21H 0.38 Total: 17.87

Ratio of Woodland Removed to Woodland

Replacement

2.12 :1

Areas to be Retained Area # Size (ha)

1 1.3 2 1.34 3 0.76 3 3.56 4 3.72 5 1.78

6H 0.19 7H 0.04 9 0.3 10 0.37

15 0.57 17 3.03

18 0.52 19 0.36

22 1.56 25 1.54 29 2.62

37H 0.9 Total: 24.46 x $50,000.00/ha.

$1,223,000.00

Cultual Edge Management Area # Size (m) Nape 625 A day 625

Total: 1250 x $200.00/m $250,000.00

Total Woodland Compensation $1,893,500.00

Date post:	31-Dec-2016
Category:	Documents
Upload:	lamtuong
View:	221 times
Download:	4 times

MINUTES OF SETTLEMENT

Documents