Lottery Package. Infill 2011 Residential Lots Whitehorse, Yukon

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1 Lottery Package Infill 2011 Residential Lots Whitehorse, Yukon Manager of Planning & Development Services City of Whitehorse 2121 Second Avenue Whitehorse, Yukon Y1A 1C2 Lottery closing date is Friday, September 16, 2011 at 4:30 p.m. Applications will not be accepted after this time. Lottery draw time is Tuesday, September 20, 2011 at 2:00 p.m. City of Whitehorse Council Chambers located at 2121 Second Avenue, Whitehorse, Yukon. Lottery participants are welcome, but not required, to attend the lottery draw.

2 INFILL RESIDENTIAL LOTS 1.1 Introduction The City of Whitehorse is currently selling 19 residential housing lots as part of the 2011 Infill program. The lottery will include 15 lots for the development of single detached housing and 4 lots that could accommodate either single detached housing or duplex housing development. These are City-owned lots that will be sold by lottery in accordance with the City s Land Disposition Policy (2010. The lots being sold in this lottery are intended for individuals who wish to purchase a lot on which to build a residence. Each applicant may purchase only one lot in this lottery. Applications from businesses and companies will not be accepted. It is up to the purchaser to ensure that their proposed development complies with the regulations set out in the Zoning Bylaw and all other applicable City regulations. There is no building time commitment for any of the lots being offered in this lottery Infill Sites During 2009 and 2010, the City underwent an Official Community Plan (OCP review. As part of this public process, 16 publicly-owned residential infill areas were identified, as part of an overall strategy, to meet the rising demand for new residential housing. In October 2010, the OCP was adopted by Council. In early 2011, the City identified and conducted public consultation on five sites for proposed infill development: Site 1: Site 2: Site 3: Site 4: Site 5: Crestview Rainbow Road and Klukshu Avenue Porter Creek 12 th Avenue and Centennial Street Porter Creek 14 th Avenue, beside Guild Hall Porter Creek Boxwood Crescent, south side Porter Creek Elm Street, north end On April 26, 2011, Council approved the rezoning of all of the infill sites under Bylaw to allow for development of residential housing. On May 24, 2011, Council approved the subdivision applications for Sites 1, 2 and 3 and on July 25, 2011, Council approved the subdivision applications for Sites 4 and 5. On August 8, 2011, Council adopted Bylaw to authorize the acquisition of the Crestview site and the Boxwood Crescent site from the Yukon Government and to authorize the sale of all of the infill lots in this lottery in accordance with the City s Land Disposition Policy (2010. Neighbourhood plans identifying the locations of the 5 infill sites in this lottery are included in this package as Appendix A-1 and Appendix A-2. 2

3 Site 1: Crestview Rainbow Road & Klukshu Avenue Description of Lots and Servicing The Crestview infill site is located on the west side of Klukshu Avenue to the north of Rainbow Road. The existing Crestview neighbourhood park is located directly to the west of this site. A portion of land to the south of this site has been retained by Yukon Government and is currently zoned PR Parks and Recreation to allow for the potential for future expansion of the existing park area. There are 5 lots available in the lottery for this infill site as shown on Appendix B-1, ranging in size from 628 square metres to 814 square metres. Electrical power to each of these lots will be supplied from an electrical distribution line to be constructed to the rear of these infill lots. As part of the construction of new dwellings on these lots, there will be a requirement for the installation of one additional electrical pole within each lot in order to provide above ground electrical power supply to new dwellings from the electrical distribution line. The location of the additional electrical pole will be determined at the time of construction of new dwellings within each lot. It should be noted that permanent buildings or structures are not permitted to be located underneath above ground power lines within private property. All costs associated with the installation of the additional electrical pole within each lot will be paid by the City. Lot 42 (307 Klukshu Avenue and Lot 43 (309 Klukshu Avenue will be sold subject to a utility easement in favour of The Yukon Electrical Company Limited for the above ground electrical pole guy wire that will be placed within these lots as approximately shown on the Preliminary Survey Plan attached as Appendix B-1. It should be noted that no permanent buildings or structures will be permitted to be placed within these easement areas. Final location of these easement areas will be determined after installation of the electrical distribution line located to the rear of these infill lots has been completed. All of the lots being offered within this site are fully serviced with water and sanitary sewer service connections to each property line. Zoning These lots are zoned RS - Residential Single Detached. Only single detached housing will be permitted to be developed on these lots as these lots do not meet the minimum lot area required for duplex housing development (835 square metres. The RS zoning regulations also allow living suites or detached garden suites, where the lot area is 555 square metres or larger, as a secondary use associated with the development of single detached housing only. New development on all of these lots could include either a living suite within the single detached dwelling or a detached garden suite on the property. Please refer to the full RS Residential Single Detached zoning description in Appendix D attached hereto to obtain all zoning regulations. Please contact the Planning & Development Services Department to ensure that all zoning regulations are understood. 3

4 Site 2: Porter Creek 12 th Avenue and Centennial Street Description of Lots and Servicing The 12 th Avenue and Centennial Street infill site is located on the south side of 12 th Avenue to the east of Centennial Street. There is a City-owned greenbelt area located to the rear of these lots which includes an existing trail connection to Centennial Street and an existing toboggan hill that terminates approximately 15 metres beyond the rear property limits of these lots. As well, there is an approximately 6 metre wide buffer being retained by the City along Centennial Street to address potential traffic impacts at this location. As a result, direct access to Centennial Street will not be available from these lots. There are 2 lots available in the lottery for this infill site as shown on Appendix B-2, comprising lot areas of 917 square metres and 650 square metres. Water and sanitary sewer servicing to #1A 12 th Avenue (Lot 1694 will be completed after the lottery has been concluded and a servicing design for either single detached or duplex development has been identified by the successful applicant. #1B 12 th Avenue (Lot 1695 is fully serviced with water and sanitary sewer service connections for single detached housing to property line. Zoning These lots are zoned RS - Residential Single Detached. #1A 12 th Avenue (Lot 1694 comprises 917 square metres and has sufficient area to accommodate the development of either single detached housing or duplex housing. #1B 12 th Avenue (Lot 1695 comprises 650 square metres and will accommodate the development of single detached housing only as this lot does not meet the minimum lot area required for duplex housing development (835 square metres. The RS zoning regulations also allow living suites or detached garden suites, where the lot area is 555 square metres or larger, as a secondary use associated with the development of single detached housing only. New single detached housing development on both of these lots could include either a living suite within the single detached dwelling or a detached garden suite on the property. Living suites and detached garden suites are not permitted in association with duplex housing developments. Due to the close proximity to Centennial Street, any proposed driveway location(s for new development on #1A 12 th Avenue (Lot 1694 must be approved in advance by the City Engineer. Please refer to the full RS Residential Single Detached zoning description in Appendix D attached hereto to obtain all zoning regulations. Please contact the Planning & Development Services Department to ensure that all zoning regulations are understood. 4

5 Site 3: Porter Creek 14 th Avenue, beside Guild Hall Description of Lots and Servicing The 14 th Avenue infill site is located on the north side of 14 th Avenue East between Grove Street and Holly Street. The Guild Hall is located to the west of this infill site. The land to the rear of the infill site has been retained by the City. The land immediately to the west of this infill site has also been retained by the City as a buffer area for potential Guild Hall expansion, an additional lot or other community uses. The lands immediately east of the infill site have also been retained by the City to protect the City s water and sanitary sewer infrastructure running north to Versluce Place. All of these City-retained lands are currently zoned PS Public Services which is the standard zone for public or community use activities. The City is undertaking modifications to the storm sewer infrastructure near #33 14 th Avenue (Lot 1689 to redirect storm water away from the site. There are 4 lots available in the lottery for this infill site as shown on Appendix B-3, ranging in size from 907 square metres to 1,160 square metres. All of the lots being offered within this site are fully serviced with water and sanitary sewer service connections to each property line. Zoning These lots are zoned RR Restricted Residential Detached. Only single detached housing will be permitted to be developed on these lots. RR Restricted Residential Detached zoning regulations also contain minimum gross floor area and width requirements for the single detached dwelling and require the installation of a hard-surfaced driveway and minimum landscaping requirements within one year of occupancy approval being issued for the dwelling. The RR zoning regulations do not allow the development of living suites or detached garden suites as a secondary use. Please refer to the full RR Restricted Residential Single Detached zoning description in Appendix E attached hereto to obtain all zoning regulations. Please contact the Planning & Development Services Department to ensure that all zoning regulations are understood. Site 4: Porter Creek Boxwood Crescent, south side Description of Lots and Servicing The Boxwood Crescent infill site is located on the south side of Boxwood Crescent. There are existing electrical transmission lines located beyond the rear property lines of these lots and in between the lots identified as #31 and #33 Boxwood Crescent on land that is being retained by the Yukon Government. The Hidden Lake park area is located to the south of this infill site and is zoned PE Environmental Protection. The existing Trans Canada Trail route to the east of this infill site will be maintained. There are 5 lots available in the lottery for this infill site as shown on Appendix B-4, ranging in size from 835 square metres to 957 square metres. 5

6 Electrical power to each of these lots will be supplied from an existing electrical distribution line located to the rear of these infill lots. As part of the construction of new dwellings on these lots, there will be a requirement for the installation of one additional electrical pole within each lot in order to provide above ground electrical power supply to new dwellings from the electrical distribution line. The location of the additional electrical pole will be determined at the time of construction of new dwellings within each lot. It should be noted that permanent buildings or structures are not permitted to be located underneath above ground power lines within private property. All costs associated with the installation of the additional electrical pole within each lot will be paid by the City. All of the lots being offered within this site are fully serviced with water and sanitary sewer service connections to each property line. Due to the shallow depth of the water and sanitary sewer utilities within the Boxwood Crescent road right-of-way, servicing of plumbing utilities in basements may require additional plumbing utility considerations. Please contact the City s Engineering Department at to obtain additional information prior to finalizing house design. Zoning These lots are zoned RR Restricted Residential Detached. Only single detached housing will be permitted to be developed on these lots. RR Restricted Residential Detached zoning regulations also contain minimum gross floor area and width requirements for the single detached dwelling and require the installation of a hard-surfaced driveway and minimum landscaping requirements within one year of occupancy approval being issued for the dwelling. The RR zoning regulations do not allow the development of living suites or detached garden suites as a secondary use. Please refer to the full RR Restricted Residential Single Detached zoning description in Appendix E attached hereto to obtain all zoning regulations. Please contact the Planning & Development Services Department to ensure that all zoning regulations are understood. Site 5: Porter Creek Elm Street, north end Description of Lots and Servicing The Elm Street infill site is located on the east side of the northerly extension of Elm Street to the north of 14 th Avenue. Elm Street will be extended to the north to provide access to these new development lots and will terminate in a cul-de-sac (see Appendix C for proposed configuration. The greenbelt area to the west of the Elm Street extension has been retained by the City and includes the Porter Creek riparian area. The City has also retained a buffer area to the north of the infill site to protect the City s sanitary sewer infrastructure running adjacent to Versluce Place and, as a result, direct access to Versluce Place from the adjacent lot will not be available. There are 3 lots available in the lottery for this infill site as shown on Appendix B-5, ranging in size from 1,110 square metres to 1,570 square metres. 6

7 Electrical power to each of these lots will be supplied from an existing electrical distribution line located along the rear of these infill lots. As part of the construction of new dwellings on these lots, there will be a requirement for the installation of one additional electrical pole within each lot in order to provide above ground electrical power supply to new dwellings from the electrical distribution line. The location of the additional electrical pole will be determined at the time of construction of new dwellings within each lot. It should be noted that permanent buildings or structures are not permitted to be located underneath above ground power lines within private property. All costs associated with the installation of the additional electrical pole within each lot will be paid by the City. These lots will be sold subject to an electrical utility easement in favour of The Yukon Electrical Company Limited for the above ground electrical distribution line located along the rear of these lots within the Utility Easement area shown on Appendix B-5. In addition, there is existing buried water and sanitary sewer infrastructure located within each of these lots shown as Utility Easement on Appendix B-5. To protect the City s water and sanitary sewer infrastructure and provide the City with the ability to perform repairs and maintenance on this infrastructure as necessary, it will be a condition of the sale agreement for each of these lots that the successful lottery winner for each lot will be required to enter into an Easement Agreement with the City in the form attached hereto as Appendix H. This Easement Agreement will be required to be signed prior to final payment for each of the lots and will be registered against the title to each of the lots in conjunction with the transfer to each successful lottery winner. Signing of the Easement Agreement is a condition of the sale of these properties. Failure to sign the Easement Agreement will nullify the sale of the lot and any deposit(s paid will be forfeited to the City. As a result of these utility easement interests and agreements, it should be noted that no permanent buildings or structures will be permitted to be placed within the Utility Easement as shown on Appendix B-5. Water and sanitary sewer servicing to each of the lots in this infill area will be completed after the lottery has been concluded and a servicing design for either single detached or duplex development has been identified by the successful applicant. Zoning These lots are zoned RS - Residential Single Detached. Each of these lots comprises sufficient lot area to accommodate the development of either single detached housing or duplex housing. The RS zoning regulations also allow living suites or detached garden suites, where the lot area is 555 square metres or larger, as a secondary use associated with the development of single detached housing only. New single detached housing development on all of these lots could include either a living suite within the single detached dwelling or a detached garden suite on the property. Living suites and detached garden suites are not permitted in association with duplex housing developments. 7

8 Please refer to the full RS Residential Single Detached zoning description in Appendix D attached hereto to obtain all zoning regulations. Please contact the Planning & Development Services Department to ensure that all zoning regulations are understood. 1.3 Lot Prices The City s Land Disposition Policy provides that lots are to be sold at market value, unless otherwise directed by Council. As directed by Council, the values of the lots for this lottery were determined by utilizing the average of the market values that were identified by the professional appraisers for the City s Grove Street residential land lottery that was concluded in August, 2010 and the City s Takhini North Phase 2 residential land lottery that was concluded in October, Additional land value considerations have been made for the 3 lots being offered on Elm Street in Porter Creek (Site 5. These lots will be subject to utility easement agreements for the existing City water and sanitary sewer utilities and the existing Yukon Electric transmission line utility located within the boundaries of the lots. The easement agreements will stipulate that no permanent buildings or structures will be able to be built within these easement areas and therefore, the valuations for these 3 lots have been depreciated to account for the inability of the successful lottery winners to fully utilize the development areas within the lots. All lots will be sold on an as is where is basis. Goods and Services Tax (GST will also be payable on the closing date. Site 1: Crestview Rainbow Road and Klukshu Avenue Municipal Address Lot Size (m² Size (ft² Base Price Total Cost (including GST 303 Klukshu Avenue ,030 $110, $115, Klukshu Avenue ,396 $114, $120, Klukshu Avenue ,762 $118, $124, Klukshu Avenue ,696 $106, $112, Klukshu Avenue ,759 $96, $101, Site 2: Porter Creek 12 th Avenue and Centennial Street Municipal Address Lot Size (m² Size (ft² Base Price Total Cost (including GST 1A 12 th Avenue ,870 $130, $136, B 12 th Avenue ,996 $98, $103,

9 Site 3: Porter Creek 14 th Avenue, beside Guild Hall Municipal Address Lot Size (m² Size (ft² Base Price Total Cost (including GST th Avenue ,763 $130,750 $137, th Avenue ,763 $130,750 $137, th Avenue ,090 11,733 $154,600 $162, th Avenue ,160 12,486 $160,650 $168, Site 4: Porter Creek Boxwood Crescent, south side Municipal Address Lot Size (m² Size (ft² Base Price Total Cost (including GST 31 Boxwood Crescent ,988 $121, $127, Boxwood Crescent ,935 $132, $138, Boxwood Crescent ,301 $135, $142, Boxwood Crescent ,086 $133, $140, Boxwood Crescent ,677 $128, $135, Site 5: Porter Creek Elm Street, north end Municipal Address Lot Size (m² Size (ft² Base Price Total Cost (including GST 1410 Elm Street ,570 16,899 $133,800 $140, Elm Street ,110 11,948 $133,700 $140, Elm Street ,510 16,253 $170,650 $179, A $5,000 non-refundable deposit will be required by 4:30 p.m. on September 23, 2011 to secure a lot for purchase. It is the responsibility of all applicants to make all financial enquiries necessary to confirm their ability to make the final payment for a lot prior to providing the $5,000 deposit to the City. Applicants should be aware that this deposit is non-refundable once paid and will be forfeited to the City if full payment is not received for the lot by the final payment date or a purchaser elects to not complete the purchase. 9

10 Development Cost Charges (DCC s must also be paid prior to a Building Permit being issued. DCC s are charges acquired by the City to obtain sufficient funds to assist in the expansion of municipal infrastructure, facilities and other growth related infrastructure. DCC s are $2,500 for a single detached development and $4,000 for a duplex development. For a living suite located within a single detached development or a detached garden suite, additional DCC s of $1,500 will be payable (living suites in single detached housing and detached garden suites are permitted provided the lot area is greater than or equal to 555 square metres. Please note that these charges are subject to change through Council process without notification. 1.4 Survey Information 1. The City of Whitehorse assumes no responsibility for replacing missing survey pins after the sale has been completed. 2. The Legal Survey of the lots is or will be shown on plans registered in the Land Titles Office in Whitehorse. 3. Please check survey pins located on the land, for the lot(s you are interested in to ensure you are applying for the correct lot. 1.5 Drainage 1. In accordance with the Zoning Bylaw, site grading shall respect the natural contour of the land and where possible shall minimize the necessity to use retaining walls. 2. A drainage plan must be submitted as part of the application for a Building Permit. 1.6 Water Connections 1. Water servicing has been or will be constructed to each individual lot utilizing recirculating water connections. 2. Successful applicants should contact the City s Building Inspection Department at to obtain details of temporary water connections required if water utility turn-on is anticipated to be required prior to June,

11 2. LOTTERY SCHEDULE Lottery Package Available: August 26, 2011 at the Planning & Development Services counter, Main Floor, Municipal Services Building, 4210 Fourth Avenue, Whitehorse and on the City s website at: Lottery Closes: September 16, 2011 at 4:30 p.m. at the Planning & Development Services counter, Main Floor, Municipal Services Building, 4210 Fourth Avenue, Whitehorse Lottery Draw: September 20, 2011 at 2:00 p.m. at City Hall Council Chambers, 2121 Second Avenue, Whitehorse Deadlines for Successful Applicants: Deposit: September 23, 2011 Signed Sale Agreement: September 30, 2011 Final Payment: December 30, CHANGES FROM PRIOR LOTTERY PROCESSES Please note the following new changes that have been adopted for this lottery: 1. In accordance with the City s Land Disposition Policy (2010, all individuals who were successful in winning a lot in the City s Takhini North Phase 2 Land Lottery held on October 19, 2010 are not eligible to enter this lottery. 2. Application forms will not be accepted if signed on behalf of an applicant pursuant to a Power of Attorney. If an applicant is unable to submit an application in person at the Planning & Development Services counter, the applicant will be required to sign the original application form and swear a Statutory Declaration in front of a Notary Public that will include a certified true copy of the applicant s current and valid Yukon Health Care Card. The form of Statutory Declaration required may be obtained from the Planning & Development Services Department upon request. 3. Payment of the non-refundable $5,000 deposit to secure a lot will now only be accepted by money order, certified cheque or bank draft payable to City of Whitehorse. Cash, credit cards and debit cards will no longer be accepted for payment of this deposit. 4. It is the responsibility of all unsuccessful lottery applicants to pick up their refundable $500 Administration Fee in person at the Planning & Development Services Department counter. The City will not be contacting unsuccessful lottery applicants directly. Any refundable $500 Administration Fees not picked up by unsuccessful lottery applicants within 6 months of the lottery draw date will be forfeited to the City. 11

12 4. LOTTERY APPLICATION PROCEDURE 1. Use the attached information and a site visit to select the lots that you are willing to purchase. 2. Ensure that your intended building plans will comply with the City of Whitehorse zoning regulations (See Appendices D and E. 3. Complete the application form that is attached at the back of this document. Deliver the completed application form, required fees as detailed below and the current and valid original Yukon Health Care Card in person to the Planning & Development Services counter. 4. Pay the $25 non-refundable Application Fee. Options for payment of this fee are by cash, cheque, money order, certified cheque, bank draft, debit card or credit card (VISA or MasterCard. 5. Pay the $500 Administration Fee. Options for payment of this fee are by cash, money order, certified cheque or bank draft only. This fee will be held in trust and will be returned if you are unsuccessful in the lottery or if you withdraw prior to the lottery closing on September 16, It is non-refundable if your name is drawn in the lottery or selected through the Stand-By List process and you do not accept the lot chosen and offered. For successful applicants, the $500 Administration Fee will be allocated to form part of the purchase price on closing. 6. Submission of an application and payments are to be made at the Planning & Development Services counter located on the Main Floor of the Municipal Services Building at 4210 Fourth Avenue, Whitehorse. 7. The lottery closing date is September 16, 2011 at 4:30 p.m. It is your responsibility to ensure that your application form, original and valid Yukon Health Care Card, Application Fee and Administration Fee to enter the lottery have been received at the Planning & Development Services counter, Main Floor, Municipal Services Building, 4210 Fourth Avenue, Whitehorse, prior to the closing date of the lottery. 8. Withdrawals of applications will be accepted until September 16, 2011 at 4:30 p.m. Withdrawals of applications will not be accepted after this time. 5. ELIGIBILITY FOR THE LOTTERY 1. This lottery is intended for individuals to buy lots. Applications from businesses and companies will not be accepted. 2. The lot must be purchased for the purpose of constructing a residential dwelling for the sole purpose of providing housing accommodation. 3. Individuals who were successful in winning a lot in the City s Takhini North Phase 2 Land Lottery held on October 19, 2010 are not eligible to enter this lottery. 12

13 4. Only one application per individual will be accepted. Applications and all required fees must be submitted by the applicant in person at the Planning & Development Services counter located on the Main Floor of the Municipal Services Building at 4210 Fourth Avenue. 5. Individuals must be 19 years or older to enter the lottery and be a Yukon resident. Residency will be confirmed by production of the applicant s original Yukon Health Care Card at time of submission of the application. The Yukon Health Care Card must be current and valid. If the Yukon Health Care Card is not current and valid, the application will not be accepted. 6. If an applicant is unable to submit an application in person at the Planning & Development Services counter, the applicant will be required to sign the original application form and swear a Statutory Declaration in front of a Notary Public that will include a certified true copy of the applicant s current and valid Yukon Health Care Card. The form of Statutory Declaration required may be obtained from the Planning & Development Services Department upon request. Application forms will not be accepted if signed on behalf of an applicant pursuant to a Power of Attorney. 6. LOTTERY DRAW PROCEDURE 6.1 General Procedure 1. If your name is drawn first, then you receive your first choice. That will be the lot you must purchase. If you elect to not accept the lot that is offered, the $500 Administration Fee is non-refundable. 2. If your name is drawn second or later and your first choice is still available, then your first choice will be the lot you will receive. 3. If your name is drawn second or later and your first choice is taken, the next available lot listed on your application will be the lot you will receive. 4. If all of the lots you have listed on your application form have been taken, you will be deemed unsuccessful in this lottery and your Administration Fee will be refunded, unless you have indicated to be on the Stand-By List. 5. Contact the Planning and Development Services Department for lottery results, only the successful applicants will be notified. A list of the successful lottery applicants will be published on the City s website ( 6.2 Successful Applicants 1. Applicants who are awarded a lot in the lottery are responsible for contacting the City of Whitehorse to indicate their interest in purchasing the lot. 2. Successful applicants must pay the non-refundable $5,000 deposit to the City by 4:30 p.m. on September 23, This indicates acceptance of the lot being offered. Options for payment of this deposit are by money order, certified cheque or bank draft payable to 13

14 City of Whitehorse. Cash, credit cards and debit cards will no longer be accepted for payment of this deposit. 3. If the deposit is not received by 4:30 p.m. on September 23, 2011, the lot will be offered to those applicants on the Stand-By List. 4. Applicants must sign a Land Sale Agreement with the City of Whitehorse in the form attached as Appendix F by 4:30 p.m. on September 30, If the Land Sale Agreement is not signed by this time, the Administration Fee and the $5,000 deposit paid will be forfeited and the lot will be offered to those on the Stand-By List. 5. Successful applicants will have until December 30, 2011 to complete the purchase of the lot from the City of Whitehorse. Payment in full is required before the lot will be transferred. 6. If you do not complete the purchase of the lot by December 30, 2011, both the $500 Administration Fee and the $5,000 deposit provided are non-refundable. 7. The City of Whitehorse is permitted to insert terms and conditions into an Agreement for Sale document. 8. In accordance with the City s Land Disposition Policy (2010, successful applicants in this lottery will be ineligible from entering into another City land lottery for two years past the lottery date. 6.3 Unsuccessful Applicants 1. Unsuccessful lottery applicants will be responsible for picking up their $500 Administration Fee at the Planning & Development Services Department counter located on the Main Floor of the Municipal Services Building at 4210 Fourth Avenue, Whitehorse starting September 22, The $500 Administration Fee will only be returned to the applicant in person and photo identification will be required to be presented. 2. The City will not be contacting unsuccessful lottery applicants directly. Any refundable $500 Administration Fees not picked up by unsuccessful lottery applicants within 6 months of the lottery draw date will be forfeited to the City. 3. Applicants can choose to be placed on the Stand-By List by signing the appropriate section in the application form. If an unsuccessful lottery applicant has elected to be on the Stand-By List, the $500 Administration Fee will continue to be held in trust until the Stand-By process has been completed (see next section. 7. STAND-BY LIST The Stand-By List is maintained to give those who enter the lottery a possible second chance if a lot listed on your application form is returned. 1. To be on the Stand-By List, you must initial the appropriate section on your application form. 14

15 2. Lottery applicants deemed unsuccessful in the lottery and who have initialled the appropriate section on their application form are placed on the Stand-By List. The applicant s name is placed in the order drawn during the lottery process. 3. The Stand-By List will be maintained until sale agreements have been signed for all lots in the lottery or the Stand-By List has been depleted. 4. If you are on the Stand-By List, the $500 Administration Fee will be held in trust until the Stand-By process has been completed. 5. Applicants who have elected to be on the Stand-By List will not be able to remove their application from the Stand-By List for a period of 30 days from the lottery draw date. If the Stand-By process remains ongoing after 30 days from the lottery draw date, an applicant may then elect to have their application removed from the Stand-By List and their $500 Administration Fee returned. Any applicant who removes their application from the Stand-By List will no longer be eligible for any lots that may become available through the Stand-By process. 6. If a lot is returned to the City, the first applicant on the Stand-By List would be offered the lot. The returned lot must have been chosen on your application form. The lot is offered in order of preference on your application form. Applicants are only offered lots that appear on their application form in the order the lots are listed. 7. You will have 48 hours from the date contacted to advise the Planning & Development Services Department whether you wish to purchase the lot that is being offered. If the Planning & Development Services Department has not heard from you within 48 hours, the offer is revoked and the $500 Administration Fee is non-refundable. 8. Once the offer is accepted, you have 3 business days from the date contacted, to pay the $5,000 deposit and enter into a Land Sale Agreement with the City of Whitehorse to secure the lot. 9. If you are not interested in the lot being offered, the $500 Administration Fee is nonrefundable. Contact would then be made with the next applicant on the Stand-By List who has selected that lot on their application form. 10. This process is repeated until the returned lots are sold or the Stand-By List is depleted. 11. Once on the Stand-By List, if you are offered a lot and refuse, the $500 Administration Fee is non-refundable. 12. Upon completion of the Stand-By List process, all remaining unsuccessful lottery applicants will be responsible for picking up their $500 Administration Fee at the Planning & Development Services Department counter located on the Main Floor of the Municipal Services Building at 4210 Fourth Avenue, Whitehorse. The $500 Administration Fee will only be returned to the applicant in person and photo identification will be required to be presented. 13. Any refundable $500 Administration Fees not picked up by unsuccessful lottery applicants within 6 months of the lottery draw date will be forfeited to the City. 15

16 8. SALE AGREEMENT 1. Once the deposit is received, a Land Sale Agreement in the form attached as Appendix F will be drafted. 2. The Land Sale Agreement will indicate a closing date for the sale of the lot on December 30, This date will only be changed with the written consent of the City of Whitehorse. 3. The $5,000 deposit and the $500 Administration Fee will be deducted from the final amount owing. 4. The total cost of the lot, minus the $5,000 deposit and $500 Administration Fee plus the applicable GST amount, must be paid to the City before the title will be transferred. Final payment can be made to the City of Whitehorse by certified cheque, bank draft or money order only. 5. If full payment is not received by the identified closing date, the sale agreement will be cancelled and the $500 Administration Fee and $5,000 deposit will be non-refundable. 6. Once the $5,000 deposit has been paid and the Land Sale Agreement signed, an applicant may proceed to apply for building permits to commence construction. However, building permits will only be issued prior to full payment and transfer of the lot upon execution by the purchaser of an Amending Agreement in the form attached as Appendix G and providing the City with a $2,000,000 liability insurance policy. 7. No individual may hold more than one Land Sale Agreement for a lot listed in this lottery. 8. Purchasers must comply with all City of Whitehorse requirements. This includes the Zoning Bylaw, the Building and Plumbing Bylaw and any other relevant bylaws, policies and regulations. 9. Transfer of title will be issued by City of Whitehorse once all conditions of your Land Sale Agreement for sale have been met. 9. CONTACT INFORMATION For more information about this process, please contact: Planning & Development Services Department City of Whitehorse Phone: ( land@whitehorse.ca Website: 16

17 APPENDIX A-1

18

19 APPENDIX B-1 APPENDIX B-1 Approximate Location of Yukon Electric Easement Area (3 m ± x 4 m ± #311 #309 #307 KLUKSHU AVENUE #305 #303

20 APPENDIX B-2 #1B 12 TH AVENUE #1A

21 APPENDIX B-3 #33 #35 #37 #39 14 TH AVENUE

22

23 APPENDIX B-5 #1414 #1412 #1410 ELM STREET

24 APPENDIX C

25 Office Consolidation of City of Whitehorse Zoning Bylaw RS Residential Single Detached Purpose To provide a zone for single detached housing on urban lots with a broad range of residential related uses Principal Uses a community gardens and greenhouses (Bylaw passed May 24, 2011 b duplex housing c single detached housing d parks Secondary Uses a accessory building/structures b bed and breakfast lodgings (two rooms c family day homes d garden suites where lot area is greater than or equal to 555 m 2 (Bylaw passed May 24, 2011 e group homes, minor f home based businesses, minor g living suites Conditional Uses a child care centres b group homes, major c home based businesses, major d manufactured homes Development Regulations a The minimum lot width is 15.0 m. b The minimum lot area for single detached housing is 555 m 2. c The minimum aggregate lot area for duplex housing is 835 m 2. d The maximum site coverage is 35%. e The maximum height is 10.0 m. f The minimum front yard setback is 6.0 m. g The minimum side yard setback is 3.0 m on one side and 1.5 m on the other side except that: (1 where there is access to the rear of the lot by a lane, the side yard setback requirement may be reduced to 1.5 m on both sides; and (2 in the case of a side-by-side duplex on separate, adjacent lots, one side yard setback may be reduced to zero and the other shall be 3.0 m; and (3 for a duplex on a single lot the side yard setback shall be 3 m on both sides h The corner lot setback is 6.0 m from each street and 1.5 m from all other sides. Section 9: Residential Zones 113 Consolidated to Bylaw Consolidation Date: May 27, 2011 APPENDIX D"

26 Office Consolidation of City of Whitehorse Zoning Bylaw i The minimum rear yard setback is 6.0 m. j The minimum gross floor area of a single detached dwelling, up and down duplex or a manufactured home is 110 m 2 above grade as measured at the wall adjacent to the front yard; however the minimum ground floor area for a single storey dwelling shall be 80 m 2. k The minimum gross floor area of a side by side duplex is 110 m 2 per side above grade as measured at the wall adjacent to the front yard; however, the minimum ground floor area for each unit in a single storey dwelling shall be 90 m 2. (Bylaw passed March 23, 2009 l The minimum lot size for a side-by-side duplex on separate, adjacent lots is m 2. m The minimum lot width for a side-by-side duplex on separate, adjacent lots is 10.0 m Other Regulations a Manufactured homes may be permitted only if they are at least 6.0 m wide and have a pitched roof typical of a single detached home. b In addition to the regulations listed above, other regulations may apply. These include the general development regulations of section 5 (yards, projections into yards, accessory development, landscaping and screening; the specific use regulations of section 6 (home based business, etc.; the parking regulations of section 7; and the sign regulations of section 8. c Not more than one single detached dwelling, duplex or manufactured home shall be permitted on any lot. d Lots 468 to 475 inclusive in the McIntyre Subdivision are designated RSx, the special condition being that the minimum ground floor area for a single detached dwelling is reduced to 65 m 2. e Lot 809 Copper Ridge, located on Winze Place in the Copper Ridge Subdivision, is designated RSx with the special condition being that duplex homes are not allowed. f Lot 25, Quad 105D/11, located at 157 Falaise Place in Takhini West, is designated RSx with the special provision being that the minimum front yard setback is 4.9 m. (Bylaw passed January 28, 2008 g Lot 108, Takhini East Subdivision, located at 1 Vimy Place, is designated RSx with the special provision being that the minimum front yard setback is 3.0 m. (Bylaw passed May 26, 2008 h Lot 6, Block 244, Plan 35055, located at 11 Ketza Road in the Riverdale Subdivision, is designated RSx with the special provision being that a family day home is permitted in a detached accessory building. (Bylaw passed September 27, Section 9: Residential Zones Consolidated to Bylaw Consolidation Date: May 27, 2011

27 Office Consolidation of City of Whitehorse Zoning Bylaw APPENDIX E" 9.13 RR Restricted Residential Detached Purpose To provide single detached housing on larger urban serviced lots with a restricted range of permitted residential housing forms and associated uses Principal Uses a community gardens and greenhouses (Bylaw passed May 24, 2011 b parks c single detached housing Secondary Uses a accessory building/structures b home based businesses, minor Conditional Uses a none Development Regulations a The minimum lot area is 700 m 2. b The maximum site coverage is 35%. c The maximum height is 10.0 m. d The minimum front yard setback is 6.0 m. e The minimum side yard setback is 3.0 m on one side and 1.5 m on the other side. f The corner lot setback is 6.0 m from each street and 1.5 m from all other sides. g The minimum rear yard setback is 6.0 m except on a corner lot. h The minimum gross floor area of a single detached dwelling is 180 m²; however the minimum ground floor area of a single storey dwelling shall be 140 m². i The minimum width of a single detached dwelling shall be 6 m Other Regulations a All single detached houses shall install a hard-surfaced driveway, associated internal sidewalks and complete landscaping of the front yard in accordance with section within one year of issuance of the occupancy permit. Where a lot fronts on two streets, the landscaping standard shall apply to both frontages. (Bylaw passed March 23, 2009 b An occupancy permit shall not be issued for a single detached house until the building exterior and 140 m² of developed floor space have been completed. Section 9: Residential Zones 111 Consolidated to Bylaw Consolidation Date: May 27, 2011

28 Office Consolidation of City of Whitehorse Zoning Bylaw c In addition to the regulations listed above, other regulations may apply. These include the general development regulations of section 5 (yards, projections into yards, accessory development, landscaping and screening; the specific use regulations of section 6 (home based businesses, etc.; the parking regulations of section 7; and the sign regulations of section 8. d Not more than one single detached dwelling shall be permitted on any lot. e A development permit shall be required for all single detached housing. 112 Section 9: Residential Zones Consolidated to Bylaw Consolidation Date: May 27, 2011

29 APPENDIX F" LAND SALE AGREEMENT dated this day of, BETWEEN: THE CITY OF WHITEHORSE (the Vendor - and - ******** (the Purchaser W H E R E A S: A. The Vendor is the owner of property legally described as: Lot ****, Crestview/Porter Creek Subdivision, Whitehorse, Yukon Territory, Plan **** (the Property B. The Vendor has agreed to sell and the Purchaser has agreed to purchase the Property. IN CONSIDERATION OF the premises, and the covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. SALE AND PURCHASE 1.1 The Vendor hereby agrees to sell and the Purchaser hereby agrees to purchase the Property for the price and on the terms and conditions herein contained. 2. DEPOSIT 2.1 The sum of Five Thousand Five Hundred ($5, Dollars, being a nonrefundable deposit (herein referred to as the Deposit on account of the Purchase Price, is hereby acknowledged by the Vendor. The Deposit shall be applied against the Purchase Price for the Property upon the Completion Date. If the Purchaser elects not to complete the transaction contemplated in this Agreement of Purchase and Sale by the Completion Date, the Deposit shall be forfeited to the Vendor.

30 2 3. PURCHASE PRICE 3.1 The purchase price shall be the sum of ********** ($******** Dollars plus Goods and Services Tax (the Purchase Price, payable on the following terms, namely cash on closing, of which the Deposit shall form a part (the Balance Due on Closing. The Balance Due on Closing shall be paid in the form of a certified cheque, bank draft or solicitor's trust cheque. 4. COMPLETION, EXTENSION AND TERMINATION 4.1 The Balance Due on Closing shall be paid and the sale completed on the 30 th day of December, 2011 or such other date as the Vendor and Purchaser may agree to in writing (the First Completion Date, unless such completion date is extended by the Vendor. Such extension may be made, in the Vendor s unfettered discretion, upon written notice to the Purchaser, more than one time, and which extensions shall be in the aggregate no more than 180 days (the Completion Date, and in the event of no extension, the First Completion Date shall also be the Completion Date. In the event that, at the election of the Vendor, the transaction is not closed within 180 days of the First Completion Date, this Agreement shall terminate and be null and void, the deposit shall be returned to the Purchaser, and the Parties shall have no further obligations to each other under this Agreement, including, without limiting the generality of the forgoing, liability for damages. 5. POSSESSION 5.1 The Purchaser is to have vacant possession of the Property at 2:00 p.m. on the Completion Date. 6. ADJUSTMENTS 6.1 There shall be no adjustments with respect to rents, taxes, utilities, licenses, insurance and all other items normally adjusted between a vendor and a purchaser on the sale of land in the Yukon Territory. The Purchaser shall be responsible for taxes and insurance from and after the Completion Date. 7. COSTS 7.1 Each party shall pay their own legal fees. The Purchaser shall pay all fees in connection with the registration of the Transfer of Land and any mortgages. 8. EASEMENT AGREEMENT (DELETE IF NOT APPLICABLE 8.1 The Vendor s obligation to complete the sale of the Property is subject to the Purchaser executing a Utility Easement Agreement in the form attached hereto as Schedule A in favour of the Vendor for the underground water and sanitary sewer utility infrastructure that exists within the Property and shown as Utility Easement on Plan *****.

31 3 9. NO ENCUMBRANCES 9.1 The Property shall be transferred by the Vendor free and clear of all encumbrances except restrictive covenants, reservations and exceptions in the original grant from the Crown and easements in favour of utilities and public authorities and except as provided in paragraph 8.1 herein (delete if not applicable. 10. RISK 10.1 Provided that the Purchaser has not constructed any improvements on the Property prior to the Completion Date, the Property will be and remain at the risk of the Vendor until 2:00 p.m. on the Completion Date. After that time, the Property and any improvements thereon will be at the risk of the Purchaser If, after entering into a further written agreement with the Vendor, the Purchaser has commenced construction of any improvements on the Property prior to the Completion Date, the Property and any improvements thereon will be and remain at the risk of the Purchaser until 2:00 p.m. on the Completion Date. 11. GOVERNING LAW 11.1 This offer and the Agreement which will result from its acceptance shall be governed by and construed in accordance with the laws of the Yukon Territory. 12. CLOSING 12.1 Closing of the purchase and sale shall proceed to completion on the basis of reasonable undertakings settled between the Vendor and the Purchaser or the Purchaser s solicitor. Failing such agreement, tender of documents or money in the form of a certified cheque, bank draft or solicitor's trust cheque may be made at the Land Titles Office for the Yukon Land Registration District on the Completion Date at the hour of 10 o'clock in the forenoon. 13. TIME OF THE ESSENCE 13.1 Time shall be of the essence hereof, and unless the balance of the cash payment is paid or such formal agreement to pay the balance as may be necessary is entered into on or before the Completion Date, the Vendor may at the Vendor's option cancel this agreement, and in such event any amounts paid by the Purchaser shall be absolutely forfeited to the Vendor on account of damages, without prejudice to the Vendor's other remedies.