Staff Report for Committee of the Whole Meeting

Transcription

1 Agenda Item 4.0 Staff Report for Committee of the Whole Meeting Department: Division: Subject: Planning and Regulatory Services Development Planning Request for Direction Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium Applications Laurier Homes (Richmond Hill) Inc. D , D and D Owner: Laurier Homes (Richmond Hill) Inc. 150 Connie Crescent, Unit 4 Vaughan, Ontario L4K 1L9 Agent: Evans Planning Inc Keele Street, Unit 12 Vaughan, Ontario L4K 1Z7 Location: Legal Description: Part of Lot 4, Plan 3267, Part of Lot 46, Concession 1, W.Y.S. Municipal Addresses: 44, 48, 54 and 60 Arnold Crescent Purpose: A request for direction concerning proposed Zoning By-law Amendment, draft Plans of Subdivision and Condominium applications to permit a residential development comprised of six (6) semi-detached lots and 88 stacked back-to-back townhouse units. Recommendations: a) That the Ontario Municipal Board be advised that Council supports in principle the Zoning By-law Amendment, Draft Plans of Subdivision and Condominium (Common Element) applications submitted by Laurier Homes (Richmond Hill) Inc. for lands legally described as Part of Lot 4, Plan 3267, Part of Lot 46, Concession 1, W.Y.S. (Municipal Addresses: 44, 48, 54 and 60 Arnold 51

2 Page 2 Crescent), Town File Nos. D , D and D for the principal reasons outlined in SRPRS ; b) That the Ontario Municipal Board be advised that Council endorses the draft Zoning By-law Amendment as set out in Appendix C to SRPRS , subject to the payment of the applicable processing fees in accordance with the Town s Tariff of Fees By-law; c) That the Ontario Municipal Board be advised that Council endorses the conditions of draft Plan of Subdivision approval as set out in Appendix D to SRPRS , subject to the payment of the applicable processing fees in accordance with the Town s Tariff of Fees By-law; d) That the Ontario Municipal Board be advised that Council endorses the conditions of draft Plan of Condominium approval as set out in Appendix E to SRPRS , subject to the payment of the applicable processing fees in accordance with the Town s Tariff of Fees By-law; e) That appropriate Town staff be directed to appear at the Ontario Municipal Board in support of Council s position concerning the subject applications; f) That the Ontario Municipal Board be requested to withhold its Final Order(s) respecting the proposed Zoning By-law Amendment, draft Plan of Subdivision and draft Plan of Condominium until such time as a related Site Plan application has been submitted to the Town and finalized to the satisfaction of the Commissioner of Planning and Regulatory Services and upon payment of the applicable processing fees for the applications in accordance with the Town s Tariff of Fees By-law; g) That appropriate Town staff be directed to appear at the Ontario Municipal Board in support of Council s position concerning the subject applications; and, h) That Council resolves to accept cash-in-lieu of parkland dedication for the development proposal. 52

3 Page 3 Contact Person: Shelly Cham, Senior Planner, phone number and/or Salvatore Aiello, Manager of Development, Subdivisions, phone number Submitted by: "Signed version on file in the Office of the Clerk" Ana Bassios Commissioner of Planning and Regulatory Services Approved by: "Signed version on file in the Office of the Clerk" Neil Garbe Chief Administrative Officer Location Map Below is a map displaying the property location. Should you require an alternative format call person listed under Contact above. 53

4 Page 4 Background Information Summary Analysis Further information in regards to the site location is as follows: Site Location and Adjacent Uses The subject lands are located on the south side of Arnold Crescent, west of Yonge Street, and have a total lot area of hectares (2.77 acres). The lands presently support two single-detached dwellings which are proposed to be demolished and abut Arnold Crescent to the north, commercial uses to the east, and residential uses to the south and west. Development Proposal Original Development Proposal The Zoning By-law Amendment, Draft Plans of Subdivision and Condominium applications (Town File Numbers D , D and D ) were received and deemed complete by the Town on June 8, The proposal was to permit the construction of four (4) single detached dwellings with frontage on Arnold Crescent and 37 townhouse dwelling units on a private road (refer to Map 11). A resident s meeting was held on September 28, 2015 and a statutory Council Public Meeting was held on November 4, 2015 to consider the development proposal wherein Council received Staff Report SRPRS (refer to Appendix A). Subsequent to the Council Public Meeting, the applicant appealed the applications to the Ontario Municipal Board (OMB). Staff Report SRPRS seeking Council s direction to not support the proposal was received at the May 16, 2016 Committee of the Whole meeting (refer to Appendix B). The main issues and concerns identified at the meetings included the north/south linkage identified in the Downtown Design and Land Use Strategy, May 2009, incompatibility of the proposed development with the neighbourhood with respect to massing, built form and setbacks, concerns with over intensification and increased traffic, loss of existing tree canopy, negative impact to the existing heritage character and area streetscape, reduced green space and privacy, inappropriate neighbourhood transition, the interpretation of the boundary of the Downtown Local Centre, the processing of the applications in advance of the Downtown Local Centre Secondary Plan, angular plane conformity, impact from storm water runoff, impact to pedestrian safety, precedent setting for the neighbourhood, access issues by emergency services to the proposed development, inappropriate buffering to the abutting residential uses to the west, and technical comments by Town departments. Ontario Municipal Board Appeals On January 22, 2016, Notices of Appeal to the Ontario Municipal Board (OMB) were received by the Town for the Zoning By-law Amendment and draft Plans of Subdivision and Condominium applications. The reason cited for the appeals was that the Town had 54

5 Page 5 yet to make a decision on the applications in accordance with the statutory time limit outlined in the Planning Act. The OMB hearing is scheduled from March 20, 2017 to March 31, Revised Development Proposal The Town received revised submissions of plans and reports, most recently in January 2017 to address the comments received from the Council Public Meeting, the Resident s meeting, and technical comments from Town departments and external agencies. The following details the applicant s current submission (refer to Maps 10, 12, 13, 14 and 15). Total Lot Area, hectares (2.77 acres) Block 1 (semi-detached residential), hectares (0.34 acres) Block 2 (townhouse residential), hectares (1.68 acres) Blocks 3 and 4 (reserves), hectares (0.004 acres) Road (15.5 metres right-of-way), hectare (0.74 acre) Total Number of Units, 6 semi-detached units and 88 stacked back to back townhouse units Proposed Site Density, 1.03 Floor Space Index (FSI) Staff has undertaken a comprehensive review of the applicant s development proposal and advises that the proposal can be supported for the following principal reasons: the proposed development conforms to the Town s Official Plan, has regard for the Downtown Design and Land Use Strategy Recommendations Report, May 2009 and the draft Downtown Local Centre Secondary Plan; and, the proposed site design has satisfactorily addressed matters pertaining to transportation, public realm, tree preservation, cultural heritage and urban design. In light of the preceding, it is recommended that Council support the applicant s current development proposal and that appropriate staff be directed to appear at the upcoming OMB hearing in support of Council's position in this regard. Planning Analysis Policy Analysis It should be noted that the revised proposal is consistent with, or in conformity with all relevant policies found in the following documents: Provincial Policy Statement Growth Plan for the Greater Golden Horseshoe Region of York Official Plan 55

6 Page 6 Provincial Policy Regime The Provincial Policy Statement sets the policy foundation for land use planning in the Province of Ontario. It is complemented by various Provincial Plans such as the Growth Plan for the Greater Golden Horseshoe. Through its policies, these documents provide direction on growth management, transportation, infrastructure, urban form and housing. Municipalities are responsible for implementing the broader Provincial policy framework at the local level through the development of regional and municipal Official Plan documents. Accordingly, the Region of York s Official Plan (2010) and the Town of Richmond Hill s Official Plan (2010) are reflective of the current policy direction of the Province. York Region Official Plan (2010) The York Region Official Plan (ROP) (2010) designates the subject lands Urban Area in accordance with Map 1 (Regional Structure). The Urban Area policies permit a full range and mix of urban uses. Town of Richmond Hill Official Plan (2010) The subject lands are designated Village District under the Downtown Local Centre (DLC) designation pursuant to Schedule A2 (Land Use) and Schedule A9 (Downtown Local Centre Districts) (refer to Maps 1 and 2). The proposed development conforms to the Official Plan as follows: the proposed semi-detached and back-to-back stacked townhouse form of development would conform to the land use permissions which permits low density and medium density residential uses; the proposed three-storey semi-detached and four-storey townhouse building heights would conform to the building height permission of up to five-storeys; until such time as Council adopts a Downtown Local Centre Secondary Plan, the Downtown Design and Land use Strategy Recommendations Report, May 2009 shall be used to review and evaluate the proposal. Further discussion of same is provided in the Downtown Design and Land use Strategy Recommendations Report, May 2009 section of this report; the proposal would provide for an overall site density of 1.03 Floor Space Index (FSI) wherein 0.83 FSI is attributed to the semi-detached block and 1.06 FSI is attributed to the balance of the lands intended for the townhouse development. The OP stipulates that density is to be evaluated on a block basis as identified through the Secondary Plan. The applicant was required to submit a concept plan to demonstrate how the proposal meets the land use and design policies of the OP. In this regard, an analysis of the density on a development block basis is discussed in the following Draft Downtown Local Centre Secondary Plan section of this report; 56

7 Page 7 the proposal provides for appropriate transition to the existing neighbourhood through a combination of built form typologies and townhouse built form separation from the lands to the west. The proposed townhouses are setback approximately 12 metres from the west lot line at the narrowest point and are also located outside of a 45 degree angular plane. This provides for a significant open area along the westerly lot line that is proposed to be landscaped open space; and, the proposal appropriately respects the designated cultural heritage on the abutting lands to the east. Downtown Design and Land use Strategy Recommendations Report, May 2009 The proposal would meet the Downtown Design and Land use Strategy Recommendations Report, May 2009 (DDLUS) as follows: the proposal provides for a north/south connection in the form of a 15.5 metres wide municipal street along the easterly limit of the subject lands, in alignment with the termination of Elizabeth Street South to the north of the subject lands. The proposed municipal street is consistent with the potential pedestrian and vehicle connection that was identified in the DDLUS (refer to Map 5). The provision of the municipal street is intended to ultimately connect to Major Mackenzie Drive West through the redevelopment of the abutting lands to the south of the subject lands; and, the proposed site design provides for an appropriate terminus view at the intersection of Elizabeth Street South and Arnold Crescent as envisioned in the DDLUS (refer to Map 4). Draft Downtown Local Centre Secondary Plan The proposal has regard for the draft Downtown Local Centre Secondary Plan (DLCSP), as follows: the draft DLCSP identifies the development block to be comprised of the lands within the Downtown Local Centre designation bounded by Major Mackenzie Drive West to the south, Yonge Street to the east, Arnold Crescent to the north and the rear lot lines of the Highland Lane properties to the west (refer to Map 7) and distributes varying density permissions within the block. The applicant has submitted a density analysis of the lands within this development block; the DLCSP attributed a site density of 1.25 FSI for a portion of the subject lands fronting along Arnold Crescent and 0.75 FSI for the balance of the lands. The applicant s proposal provides for 0.83 FSI attributed to the semi-detached block and 1.06 FSI attributed to the balance of the lands intended for the townhouse development, with an overall site density of 1.03 FSI; the applicant s density analysis satisfactorily demonstrated that the proposed site density of 1.03 FSI would not negatively impact the development of the balance of the lands at the densities attributed to those lands based on the draft DLCSP; 57

8 Page 8 as noted in the preceding section of this report, the applicant s proposal provides for a 15.5 metres wide north/south municipal street and would meet the draft DLCSP which depicts a new local street generally along the easterly limit of the subject lands (refer to Maps 6 and 8); and, the proposed site design has appropriate regard for an appropriate terminus view at the intersection of Elizabeth Street South and Arnold Crescent (refer to Map 9) by providing for an upgraded building elevation and opening up the cemetery lands to provide for a sight line and view into the cemetery lands. Given all of the above, staff is of the opinion that the revised development proposal has appropriate regard for the DDLUS and the draft DLCSP, is in conformity to the Town s Official Plan and represents good planning. Proposed Zoning By-law Amendment The proposed draft Zoning By-law Amendment (refer to Appendix C) is intended to implement the proposed conceptual plan and elevations (refer to Map 10, 12, 13, 14 and 15). The draft Zoning By-law Amendment would have the following effect: amend Zoning By-law No , as amended, which is the applicable area by-law; rezone a portion of the lands fronting onto Arnold Crescent to Multiple First Density (RM1) Zone to permit semi-detached dwelling units; rezone the balance of the lands to Residential Multiple Second Density (RM2) Zone to permit stacked back-to-back townhouses as a block townhouse development; establish site specific standards to implement the proposed concept as follows: o an overall gross floor area to implement the Official Plan policy pertaining to density. The proposed concept plan denotes an approximate square metres of gross floor area which represents 1.03 FSI. The applicant has requested that the by-law provide for a maximum gross floor area of square metres to provide for flexibility in the final design of the proposed development. Staff notes that this would result in 1.06 FSI which represents a negligible increase in this case from 1.03 FSI and does not impact the overall block density distribution; o minimum setbacks to the westerly and southerly lot lines to provide for building separation distance from the subject lands and abutting existing residential uses; o minimum setbacks from the proposed underground parking structure to the lot lines; o minimum yards consistent with the concept plan; 58

9 Page 9 o minimum vehicle and bicycle parking rates consistent with the Downtown Parking Strategy; o minimum separation distance between the townhouse blocks consistent with the concept plan; o maximum building heights consistent with the concept plan and elevations; o minimum angular plane of 45 degrees from the westerly lot line and minimum landscape buffers between the proposal and the abutting Highland Lane properties to ensure an appropriate building separation and the provision of landscape areas; and, o exempts the subject development from general sections of By-law No and certain amendments which are not applicable to the subject proposal. Should Council support the applications in principle, the OMB will be requested to withhold the final order on the zoning by-law amendment pending the finalization of a future Site Plan application. As such, there may be further modifications to the by-law to address any matters that arise through the finalization of the Site Plan application. Draft Plan of Subdivision Application The proposed draft Plan of Subdivision application would permit the creation of residential block 1 intended for the semi-detached dwelling units, residential block 2 intended for the townhouse development, street A as a new 15.5 metres municipal street, and reserve blocks (refer to Map 14). The conditions of draft approval are contained in Appendix D. Staff notes that there is an easement registered on title along the eastern limit of the subject lands over a portion of proposed Street A in favour of the abutting lands to the south, municipally known as 58 Major Mackenzie Drive West. The purpose of the easement is to permit access from 58 Major Mackenzie Drive West over the subject lands to connect to Arnold Crescent. Proposed Street A would similarly provide for access to Arnold Crescent. Draft Plan of Condominium Application The proposed draft Plan of Condominium (Common Element) application would permit the creation of a common element condominium tenure over a portion of the subject lands (refer to Map 15) intended for the common at-grade shared driveway and access from the semi-detached dwellings to the shared driveway, and parcels of tied lands to reflect the limits of Block 1 on the draft Plan of Subdivision and the balance of the lands. It is intended that there will be a future Draft Plan of Condominium (Standard) application for the portion of the lands intended for the townhouse development and the underground structure which will result in two condominiums being nested and vertically stratified. As such, the conditions of draft approval for the present application will secure for the creation of any required reciprocal easements between the subject common 59

10 Page 10 element condominium and the future standard condominium to ensure the orderly development of the lands. Similarly, the same conditions of approval will be required for the future draft Plan of Condominium (Standard) application. The conditions of draft approval for the proposed draft Plan of Condominium (Common Element) are contained in Appendix E. Department and Agency Comments The following is a summary of the comments received as of the date of the writing of this report. Based on the comments received, a Site Plan application will be required to be submitted and approved to the satisfaction of the Town regarding the detailed design of the proposed development. In this regard, the proposed site design and layout may be subject to further modifications in order to appropriately address the technical comments raised by Town departments and external agencies. Development Planning Section The main issues and concerns summarized in the Original Development Proposal Section of this report have been appropriately addressed by the applicant as follows: as noted under the Policy Analysis section, the proposed land uses are permitted in the Downtown Local Centre designation which directs for intensification that would permit medium density residential uses up to five storeys in height. The proposal represents an appropriate form of infill development for the subject lands; the applicant s submission has appropriately addressed the Town s Official Plan policies, the DDLUS findings and the draft Downtown Local Centre Secondary Plan policies which amongst others included density, height, connections to the community and cultural heritage considerations; the proposed semi-detached dwellings along the Arnold Crescent frontage provides for a built form and massing that would be compatible with the existing character of Arnold Crescent; the proposed setbacks would provide for a building line along Arnold Crescent that would be consistent with the established building line on Arnold Crescent; and, the buildings setbacks to the abutting lands to the west will provide for appropriate landscape treatments and the townhouse form would meet the 45 degree angular plane. Urban Design Section Staff has provided technical comments regarding the submitted Heritage Impact Assessment which are minor in nature. Further, staff notes that detailed design matters such as the proposed elevations will be provided through a future Site Plan application. 60

11 Page 11 Development Engineering Division Site Plan Staff has reviewed the proposed development and note that detailed comments regarding the proposed site design will be addressed at the time of a Site Plan application. Development Engineering Division Subdivision Detailed design of the proposed development, including the design of the municipal right-of-way, Street A, and related servicing matters will be addressed through the detailed design stage of the draft Plan of Subdivision. Further, staff noted that a Subdivision Agreement will be required to implement the construction of the public street and any external municipal servicing. Conditions of approval for the draft Plan of Subdivision are contained in Appendix C. Parks and Natural Heritage Planning Section Staff recommends that Council resolve to accept cash-in-lieu of parkland for the proposed development. Staff has provided conditions of approval for the draft Plan of Subdivision and the draft Plan of Condominium contained in Appendices C and D. Further, staff noted that matters with respect to the tree inventory, the public road design and the provision of additional tree planting along the westerly lot line are to be addressed through the detailed design of the draft Plan of Subdivision and a future Site Plan application. Fire and Emergency Services Staff has reviewed the proposal and has provided technical comments pertaining to hydrant and siamese connection locations, addressing, fire breaks, Ontario Building Code classification and Letter of Credit requirements. These matters will be addressed through the detailed design of the draft Plan of Subdivision and/or a future Site Plan application. Region of York The Region has provided conditions of draft approval pertaining to the draft plan of subdivision contained in Appendix C. Other Town Departments and External Agency Comments Comments have also been received from the Town s and Financial Services - Development Section. These Town departments have no objections to the applications and/or have provided comments to be considered by the applicant during the more detailed implementation stage of the approval process. All of the comments have been forwarded to the applicant for consideration but have not been appended to this report. Financial/Staffing/Other Implications As these applications have been appealed to the OMB, there will be further draw on staff and financial resources. These will be accommodated in existing budgets. 61

12 Page 12 Relationship to Strategic Plan The recommendations of this report do not have any direct implications with respect to the Town s Strategic Plan. The proposed Zoning By-law Amendment and draft Plan of Subdivision are generally aligned with Goal One: Stronger Connections in Richmond Hill by providing for physical connections in the community and improving connections in our environment. The proposal would also align with Goal Two: Better Choice in Richmond Hill by providing better options for where to live, and Goal Four: Wise Management of Resources in Richmond Hill by being responsible through committing to use land responsibly. Conclusions This report provides an analysis of the current development proposal for the subject lands in relation to the applicable regulatory regime governing the approval process. On the basis of the findings of this report, it is recommended that the Council supports the Zoning By-law Amendment in principle as contained in Appendix C, the draft Plan of Subdivision subject to the conditions of approval contained in Appendix D, and the draft Plan of Condominium (Common Element) subject to the conditions of approval in Appendix E, and that Town staff be directed to appear at the Ontario Municipal Board hearing in support of Council s position concerning the subject applications. 62

13 Page 13 Appendix Contents and Maps: The following attached documents may include scanned images of appendixes, maps and photographs. If you require an alternative format please call contact person listed in this document. Appendix A, Extract from Council Public Meeting C#45-15 Held November 4, 2015 Appendix B, Extract from Council Meeting C#19-16 Held May 24, 2016 Appendix C, Draft Zoning By-law Amendment Appendix D, Conditions of Approval, Draft Plan of Subdivision D Appendix E, Conditions of Approval, Draft Plan of Condominium D Map 1 Schedule A2 Land Use Map 2 Schedule A9 Downtown Local Centre Districts Map 3 Existing Zoning Map 4 Gateways and Landmarks, Richmond Hill Downtown Design & Land Use Strategy Map 5, Potential Pedestrian and Vehicle Connections, Richmond Hill Downtown Design & Land Use Strategy Map 6, Schedule 1 Urban Open Space System, Draft Downtown Secondary Plan Map 7, Schedule 3 Density Village District, Draft Downtown Secondary Plan Map 8, Schedule 5 Streets, Draft Downtown Secondary Plan Map 9, Schedule 6 Views, Draft Downtown Secondary Plan Map 10, Proposed Concept Site Plan Map 11, Previous Concept Site Plan Map 12, Proposed Concept Semi-detached Elevations Map 13, Proposed Concept Townhouse Elevations Map 14, Proposed Draft Plan of Subdivision Map 15, Proposed Draft Plan of Condominium 63

14 Page 14 Appendix A Extract From Council Public Meeting C#45-15 Held November 4, Request for Comments Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium Applications Laurier Homes (Richmond Hill) Inc. 44, 48, 54 and 60 Arnold Crescent File Nos. D , D and D (SRPRS ). Shelly Cham of the Planning and Regulatory Services Department provided an overview of the proposed Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium applications to facilitate the construction of a residential development comprised of four (4) single detached lots with frontage onto Arnold Crescent and thirty-seven (37) townhouse units on a private condominium road on the subject lands. Ms. Cham advised that staff s recommendation was that the staff report be received for information purposes only and all comments be referred back to staff. Murray Evans, Evans Planning Inc., noted the location of the proposed development within the downtown core, the context of the location within the Official Plan and the permitted uses and density for the site. He reviewed height and density details of the proposed development and noted how the details such as the location of the property on the periphery of the downtown centre and the transition to the neighbouring area were considered in the application. Mr. Evans noted concerns raised at the residents meeting and advised that a second traffic study was completed for the site to address these concerns. Dr. Mostafa Showraki, 69 Highland Lane, noted concerns with the proposed development including technical issues, increased traffic, tree loss, density, transition to the existing neighbourhood, garbage, snow removal, and the negative impact on the existing neighbourhood. He noted the heritage of the neighbourhood and advised of his belief that the area of growth was located on Yonge Street as outlined in his correspondence included as Agenda Item No. 3.2 xxix and Correspondence Item No. 1. Virginia MacLean, Barrister and Solicitor, advised that she had been retained by 10 area residents as well as a professional land use planner and they were working together on their position with respect to this application as outlined in her correspondence included as Correspondence Item No. 7. Michael Wilson, 47 Arnold Crescent, advised of his concerns related to the negative impact the proposed development would have on the character of the community noting the heritage context of the neighbourhood. He referenced the Town s Official Plan, noted that there was currently not a Secondary Plan in place for the area and advised of other municipalities that were under similar pressures for infill but were able to maintain the heritage appearance of the neighbourhood. 64

15 Page 15 Wendy Thomson, 53 Arnold Crescent, expressed her concerns related to the negative impact the proposed development would have on the area streetscape, specifically the mature trees and heritage appearance. She highlighted the building architecture found in the area and advised of further concerns related to the proposed lot coverage, reduced green space, tree loss, increased traffic, overflow visitor parking and reduced privacy. Ms. Thomson suggested that the proposed development be made to fit in the area with an increased setback as outlined in her correspondence included as Agenda Item No. 3.2 ix and xvii and Correspondence Item No. 12. Brian Chapnik, 110 Arnold Crescent, advised of his concerns related to the intensity of the proposed development, the absence of a secondary plan for the area and interpretation of the Official Plan and neighbourhood transition. He noted the heritage character of the community and advised that the proposed development was not in keeping with that character. Mr. Chapnik advised of further concerns related to only a small portion of the land being transitional lands and the portion of the lands that were located outside the downtown boundary as outlined in his correspondence included as Correspondence Item No. 2. Gordon Saul, 65 Highland Lane, advised of his concerns related to loss of privacy, the proposed elevation of the townhouses backing onto Highland Lane, the angular plane requirements, stormwater runoff and loss or damage to trees located on the property as outlined in his correspondence included as Correspondence Item No. 5. Vincci Wilson, 47 Arnold Crescent, advised of her concerns related to the negative traffic and parking implications and pedestrian safety as a result of the proposed development on Arnold Crescent and requested a peer review of the traffic report that was completed by the applicant. She noted further concerns related to safety and the proposed density as outlined in her correspondence included as Agenda Item No. 3.2 xiii. Jim Orfanakos, 103 Arnold Crescent, noted his concerns related to the negative impact the proposed development would have on the existing community and the precedent that it would set for the area. He advised of further concerns related to the traffic study and the impact the proposed development would have on wetlands in the area as outlined in his correspondence included as Agenda Item No. 3.2 xxv. Kimberley Thomas, 21 Elizabeth Street South, Unit 202, advised that she was in agreement with the comments made by previous speakers and noted the heritage houses in the area, the dynamics of the existing neighbourhood and that in her opinion this was not an appropriate development for the area. Harry Harakh, 66 Major Mackenzie Drive West, advised of the location of his property to the south of the proposed development and noted concerns related to the impact of the proposed development on the water run off system and the trees on the property and how emergency services would be able to access the proposed development as outlined in his correspondence included as Correspondence Item No

16 Page 16 Liz Bick, 39 Centre Street West, on behalf of herself and her husband, noted concerns related to the alarming rate of growth throughout the Town and the loss of green space as a result. She advised of her belief that the proposed development did not fit in with the existing community, noting the unique look of area properties and expressed her concerns related to parking, including overflow parking, and increased traffic as outlined in her correspondence included as Agenda Item No. 3.2 xxiv. Barb Czegel, 21 Elizabeth Street South, Unit 206, noted the unique area of the proposed development including the heritage homes and the diverse age of the trees and requested that the neighbourhood be preserved. An area resident advised of her objection to the proposed development noting her belief that there was no effort made by the applicant to conform with the relevant documents in place for the area. She noted further concerns related to the rear yard setback, side yard setback, lot coverage and tree removal. She noted the Benson/Hunt tertiary plan and advised of her belief that the proposed development was not compatible with the existing neighbourhood as outlined in her correspondence included as Correspondence Item No. 4. Bonnie Balinsky, 96 Arnold Crescent, advised of her concerns related to the density of the proposed development noting the character of the existing community. She advised of her belief that the proposed development would not improve the existing unique neighbourhood as outlined in her correspondence included as Agenda Item No. 3.2 xv. Marilyn Corbold, 70 Arnold Crescent, noted the location of her property in relation to the subject lands and advised that she was overwhelmed by the proposed development. She advised that she purchased her home based on the qualities offered by the neighbourhood and noted her concerns related to the negative impact of the proposed development on the community as outlined in her correspondence included as Agenda Item No. 3.2 xiv and Correspondence Item No. 10. Ms. Corbold submitted a letter from area resident Ingrid Wharton, who could not be in attendance at the meeting, advising of her concerns with the proposed development. Americo Di Rezze, 71 Arnold Crescent, advised of his concerns related to increased traffic and requested that single family homes be considered for the site. He advised of his support for the correspondence that has been submitted in opposition to the proposed application and noted his concerns related to the density of the proposed development and the negative impact on the neighbourhood and trees as outlined in his correspondence included as Agenda Item No. 3.2 xviii. Moved by: Seconded by: Councillor West Councillor Cilevitz 66

17 Page 17 That SRPRS with respect to the Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium applications submitted by Laurier Homes (Richmond Hill) Inc. for lands known as Part of Lot 4, Plan 3267, Part of Lot 46, Concession 1 W.Y.S. (municipal addresses: 44, 48, 54 and 60 Arnold Crescent), File Nos. D , D and D , be received for information purposes only and that all comments be referred back to staff. Carried Unanimously 67

18 Page 18 Appendix B Extract From Council Meeting C#19-16 Held May 24, 2016 Confirmatory By-Law Revised - Minutes Committee of the Whole meeting CW#08-16 held on May 16, Request for Direction Zoning By-law Amendment, and Draft Plans of Subdivision and Condominium Applications Laurier Homes (Richmond Hill) Inc. 44, 48, 54 and 60 Arnold Crescent File Nos.: D , D and D (SRPRS ) (Item No. 4) Moved by: Seconded by: Councillor West Regional and Local Councillor Hogg Rec. 9 a) That the Ontario Municipal Board be advised that Council does not support the Zoning By-law Amendment, and draft Plans of Subdivision and Condominium applications submitted by Laurier Homes (Richmond Hill) Inc. for lands known as Part of Lot 4, Plan 3267, Part of Lot 46, Concession 1 W.Y.S. (Municipal Addresses: 44, 48, 54 and 60 Arnold Crescent), Town File Nos. D , D and D , for the principal reasons outlined in SRPRS ; and, b) That appropriate Town Staff be directed to appear at the Ontario Municipal Board hearing in support of Council s position concerning the subject applications. Carried 68

19 Page 19 Appendix C Draft THE CORPORATION OF THE TOWN OF RICHMOND HILL BY-LAW A By-law to Amend By-law of The Corporation of the Town of Richmond Hill WHEREAS the Council of The Corporation of the Town of Richmond Hill at its Meeting of February 13, 2017, passed a resolution to advise the Ontario Municipal board that a proposed Zoning By-law Amendment to permit a medium and low density residential development proposal on the lands subject to this By-law No is supported in principle; AND WHEREAS an Ontario Municipal Board hearing was held on March 20 to 24, 2017 to consider the proposed Zoning By-law Amendment described herein; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF RICHMOND HILL ENACTS AS FOLLOWS: 1. That By-law No of The Corporation of the Town of Richmond Hill, as amended, be and is hereby further amended for those lands shown on Schedule A to this By-law No (the Lands ) as follows: a. By zoning the Lands from Residential First Density (R1) Zone to Residential Multiple First Density (RM1) Zone and Residential Multiple Second Density (RM2) Zone. b. For the Lands as a whole as shown as RM1(144) and RM2(145) on Schedule A, the maximum Gross Floor Area shall be square metres ( square feet). c. For the purposes of section (1), gross floor area means the aggregate of the floor areas of a building above established grade, measured between the exterior faces of the exterior walls of the building at each floor level but excluding: i. Loading areas; ii. a room or enclosed area, including its enclosing walls, within the building or structure, that is used exclusively for the accommodation of mechanical equipment, including heating, cooling, ventilation, electrical equipment, shafts, fire protection equipment, plumbing or elevator equipment and service; iii. any below grade areas; 69

20 Page 20 iv. any space with a floor to ceiling height of less than 1.8 metres (5.9 feet); and, v. unenclosed balconies and terraces. d. By adding the following to Section 11 Special Provisions: Notwithstanding any other provision of By-law No , as amended, to the contrary: 1. On the lands zoned RM1 as shown on Schedule A to By-law No and denoted by the bracketed number (144), the following special provisions shall apply: 1. RESIDENTIAL: Semi-Detached 2. REGULATIONS: 1. Maximum number of dwelling units shall be 6 units 2. The following provisions shall be applied to a semi-detached lot: 1. FRONT LOT LINE shall be deemed to be the lot line that abuts Arnold Crescent 2. Minimum lot frontage shall be metres (51.8 feet) 3. Minimum lot area shall be 400 square metres (4306 square feet) 4. Minimum front yard setback shall be 4.5 metres (14.76 feet) 5. Minimum interior side yard setback shall be 1.2 metres (3.94 feet) 6. A minimum interior side yard setback shall not apply where a dwelling unit has a common wall with an adjacent dwelling unit 7. Minimum exterior side yard setback shall be 2.0 metres (6.56 feet) 70

21 Page Minimum rear yard setback shall be 6 metres (19.69 feet) to the first storey and 4.5 metres (14.76 feet) to the second storey 9. Minimum landscape strip abutting the west lot line of the Lands as shown on Schedule A: 6 metres (19.69 feet) 10. Maximum Building Height shall be 13.5 metres (44.29 feet) 11. Minimum Number of Parking Spaces: 1 space per dwelling unit 12. Maximum Number of Parking Spaces: 2 spaces per dwelling unit which shall be located within a building 13. Mechanical units such as air conditioners shall not be permitted in the front yard 14. No porch or terrace permitted by Section 5.7 shall be enclosed to a height of more than 1.52 metres (5 feet) exclusive of roof supports but this shall not prohibit the enclosure of a porch or terrace by latticing or screening or any other form of enclosure which permits 50% air to pass through at all times 15. Exterior staircases used to access a deck, a porch, an entry element or an underground structure shall be set back at least 0.45 metres (1.5 feet) from any lot line 16. Where semi-detached dwelling units are first constructed on a lot or block on a registered plan in conformity with this section, the provisions of subsections 3.2.2(2) and 3.2.2(3) shall not be deemed to be contravened by reason of a division of the dwelling units in the semi-detached lot into separate lots in 71

22 Page 22 accordance with the Planning Act, provided that all other requirements of this By-law are met 2. On those lands zoned RM2 and shown on Schedule A to By-law and denoted by the bracketed number (145), the following special provisions shall apply: 1. RESIDENTIAL: Multiple Dwellings 2. REGULATIONS: 1. Maximum number of dwelling units shall be Minimum lot frontage shall be 160 metres (525 feet) 3. Minimum required front yard shall be 2.5 metres (9.8 feet) 4. Minimum required north interior side yard shall be 9 metres (29.53 feet) 5. Minimum required south interior side yard shall be 2.5 metres (8.20 feet) 6. Minimum required rear yard shall be metres (39 feet) 7. Minimum setbacks to an underground structure shall be as follows: 1. to the east lot line: 0.2 metres 2. to the south side lot line: 2.5 metres 3. to the north side lot line: 1.5 metres 4. to the west lot line: 8.5 metres 8. Minimum separation distance between buildings on the same lot shall be 3.5 metres (11.48 feet) 9. Maximum Lot Coverage shall be 40% 72

23 Page Maximum Building Height shall be 15 metres (49.21 feet). Roof top mechanical units shall be exempted from this requirement. 11. Minimum angular plane of 45 degree as measured from the lot lines that abut e west lot line of the Lands as shown on Schedule A. 12. Minimum width of an aisle used to access a parking space shall be 6.0 metres (19.69 feet) 13. Minimum landscape strip abutting e west lot line of the Lands as shown on Schedule A: 3.5 metres (11.48 feet) 14. Minimum Number of Parking Spaces: 1 space per unit 15. Maximum Number of Parking Spaces: 1.25 space per unit 16. Minimum Number of Visitor Parking Spaces: 0.15 space per unit 17. Maximum Number of visitor Parking Spaces: 0.2 space per unit 18. Minimum Number of Bicycle Parking Spaces: 0.65 space per unit 19. Minimum Number of Visitor Bicycle Parking Spaces: 0.1 space per unit 20. Mechanical Units such as air conditioners shall not be permitted within the front yard 21. No porch or terrace permitted by Section 5.7 shall be enclosed to a height of more than 1.52 metres (5 feet) exclusive of roof supports but this shall not prohibit the enclosure of a porch or terrace by latticing or screening or any other form of enclosure which permits 50% air to pass through at all times 73

24 Page Exterior staircases used to access a deck, a porch, an entry element or an underground structure shall be set back at least 0.45 metres (1.5 feet) from any lot line. 3. Sections , 6.1.2, 6.1.3, 6.1.4, 6.1.5, , , , and shall not apply. 4. By-law Nos and shall not apply. 2. All other provisions of By-law No as amended, not inconsistent with the foregoing, shall continue to apply to the lands shown on Schedule A attached hereto. 3. The imperial measurements found in this by-law in brackets are provided for information purposes only and are intended to be an approximate conversion of the metric measurements. The metric or SI measurements shall be deemed to be the standards established by this by-law and, wherever there is a variance between the metric or SI measurements and the imperial measurements, the metric or SI measurement shall apply. 4. Schedule A attached to By-law No is declared to form a part of this bylaw. PASSED THIS DAY OF, Dave Barrow Mayor Stephen M.A. Huycke Town Clerk File: D (SC) 74

25 Page 25 THE CORPORATION OF THE TOWN OF RICHMOND HILL EXPLANATORY NOTE TO BY-LAW By-law affects lands located on the south side of Arnold Crescent, west of Yonge Street, legally described as Part of Lot 4, Plan 3267, Part of Lot 46, Concession 1, W.Y.S. (Municipal Addresses: 44, 48, 54 and 60 Arnold Crescent). The lands are presently zoned Residential First Density (R1) Zone under By-law 66-71, as amended. The purposes of By-law No is to rezone the Lands to Residential Multiple First Density (RM1) Zone and Residential Multiple Second Density (RM2) Zone under By-law No , and establish site specific standards to facilitate a residential development comprised of semi-detached dwelling units and stacked back to back townhouse form of development on the subject lands. 75

26 Page 26 76

27 Page 27 Town of Richmond Hill Appendix D The Corporation of The Town Of Richmond Hill Schedule of Conditions Draft Plan of Subdivision File D (19T(R)-15R06) Laurier Homes (Richmond Hill) Inc. Lot 4, Plan 3267, Part of Lot 46, Concession 1, W.Y.S. Development Planning Division Town of Richmond Hill 1. Approval shall relate to a draft Plan of Subdivision prepared by Evans Planning Inc., having a revision date of January 14, The lands within this draft Plan of Subdivision shall be appropriately zoned by a zoning by-law which has come into effect in accordance with the provisions of the Planning Act. 3. Prior to final approval of the Plan, the Owner shall provide the Town with evidence in the form of an Ontario Land Surveyor Certificate that: A. any existing buildings or structures on the lands as of the date of final approval, are situated so as to comply with applicable zoning by-laws after registration of the plan; and, B. all lot frontages and lot areas within the plan conform to the applicable zoning bylaw. 4. a) The road allowances included within this draft Plan of Subdivision shall be named to the satisfaction of the Town and the York Region Planning and Development Services Department. The Owner shall agree in the Subdivision Agreement that all street names shall be identified to the satisfaction of the Town prior to construction of any buildings. b) The Owner shall agree in the Subdivision Agreement that no building permit application will be submitted for any individual lot or block until the Owner has submitted architectural design plans of the building facades, for all lots and/or blocks within the plan and obtained the approval of the Town through the Architectural Design Control process or obtained the approval of the Town 77

28 Page 28 through the Site Plan Control process. Such architectural design plans shall be in accordance with Town approved Architectural Design Control Guidelines. The Owner shall agree to build in accordance with the approved plans. Development Engineering Division 5. The road allowances and road widenings included within this draft Plan of Subdivision shall be dedicated as public highways to the Town without monetary consideration and free of all charges and encumbrances. 6. Any dead ends or open sides of road allowances created by this draft Plan of Subdivision shall be terminated in 0.3 metre reserves, to be conveyed to the Town without monetary consideration and free of all charges and encumbrances. 7. a) Prior to final approval of the draft plan or any portion thereof, the owner shall enter into one or more Subdivision Agreements with the Town in order to satisfy the financial, servicing and other requirements of the Town, including the construction and installation of municipal services (including, inter alia, roads, curbs, gutters, sidewalks, watermains, sanitary sewers, storm sewers, street lights, traffic lights, street name and regulatory signs) at the owner's expense, both upon the lands within the draft plan and upon lands external thereof, provision of insurance, payment of Development Charges and prepayment of Local Improvement charges as required by the Town. b) The owner shall agree in the Subdivision Agreement to pay all processing fees in accordance with the Town s Tariff of Fees By-Law with respect to the subdivision of lands, and shall pay any new or additional costs or fees imposed upon the Town by the Province of Ontario or The Regional Municipality of York which relate to the lands within the draft plan and which may arise prior to the final execution of the subdivision agreement. Payment of applicable Regional, Educational and Town-wide Development Charges will be required prior to the issuance of any building permit upon the subdivision lands. 8. Prior to final approval of the draft plan or in any portion thereof, the owner shall enter into an agreement with a distributor as that term is defined in the Electricity Act, 1998, respecting the provisions of electric service and streetlighting. 9. Such easements as may be required for utility, municipal servicing or drainage purposes shall be granted to the Town or other appropriate authority in priority to all charges and encumbrances. Such easements to be conveyed to the Town, Region, the Province or the Toronto and Region Conservation Authority shall be conveyed without monetary consideration. 78

29 Page 29 Appendix D Continue 10. Prior to entering into any agreement with any telecommunications service provider, any natural gas or electricity service distributor or transmitter or any other public utility provider for the use of any lands within the Plan, which is to be deeded or dedicated to the Town, the Region, Her Majesty the Queen in the Right of the Province of Ontario or any other public authority, including, inter alia, land which is to be dedicated to the Town the Region, Her Majesty the Queen in the Right of the Province of Ontario as public highways, the Owner shall obtain the approval of the Town of the location of any services permitted by such agreement and the wording of the agreement. Wherever any agreement with a telecommunications service provider, any natural gas or electricity service distributor or transmitter or any other public utility provider for the use of any lands within the Plan, and any easement which has been transferred or is to be transferred to a telecommunications service provider, any natural gas or electricity service distributor or transmitter or any other public utility provider for the use of any lands within the Plan, permits or will permit the installation of aboveground services or facilities, prior to entering into the agreement or transferring such easement, the Owner shall obtain the approval of the Town of the design of such services and facilities. The Owner shall agree in the subdivision agreement to not construct or permit to be constructed any aboveground services or facilities inconsistent with or not in accordance with approved design drawings. The Owner shall agree in the subdivision agreement to provide evidence satisfactory to the Town that the aforesaid restrictions have been complied with prior to registration of the subdivision agreement. 11. The Owner shall agree in the Subdivision Agreement to obtain the approval of the appropriate authority for the installation of electric, gas, telephone and telecommunication services and that the installation of those services shall be underground within the road allowances or within other appropriate easements. 12. The Owner shall permit any telephone or telecommunications service provider to locate its plant within the proposed subdivision prior to the registration provided the telephone or telecommunications services provider has executed a Municipal Access Agreement with the Town. The Owner shall ensure that any such provider will be permitted to install its plant so as to permit connection to individual dwelling units within the subdivision as and when each dwelling unit is constructed. The Owner shall agree to the foregoing in the subdivision agreement. 13. Public highways shall be designed in accordance with the Town s standards for road and intersection design, temporary turning circles, daylighting triangles, and 0.3 metre reserves. For public highways designated as local roads, curb radii shall be designed to provide a 9.5 metre pavement width within the horizontal curve at all changes in horizontal alignment between 60 to 90 degrees. 79

30 Page The owner shall agree in the Subdivision Agreement that construction access shall be provided only in a location approved by the Town and the Regional Transportation Department. 15. The owner shall agree in the Subdivision Agreement that all portions of public highways which are not paved and all drainage swales on public or private property shall be graded and sodded in accordance with the standards of the Town. 16. The owner shall agree in the Subdivision Agreement to grade and seed all undeveloped lands within the plan, other than conservation lands, and to maintain, to the satisfaction of the Town, all undeveloped lands within the plan. 17. The owner shall agree in the Subdivision Agreement that maintenance of any retaining walls constructed within this draft Plan of Subdivision shall be the responsibility of the owner, and of subsequent owners. Retaining walls shall not be constructed upon lands to be transferred to the Town. 18. Prior to final approval, a soils report with respect to the sufficiency and adequacy of the soil within the draft plan to sustain the municipal services and buildings and other structures to be constructed within the draft plan shall be submitted to the Town for review and approval. 19. The owner shall provide to the Town, engineering drawings for, and shall agree in the Subdivision Agreement to install, to the satisfaction of the Town, watermains, sanitary sewage works, storm sewage works, adequate pavement width for roadways, curbs, gutters, sidewalks, street lighting, traffic signals, regulatory signs, street name signs, and any other services or facilities as required. The owner shall not connect any watermain or sewer to existing municipal systems without the written approval of the Town. All lands to be conveyed to the Town for open space purposes and all easements shall be shown on the engineering drawings. The owner shall obtain the approval of the Region and/or the Ministry of the Environment, by way of certificate of approval, for the installation of watermains, sanitary sewage works, and storm sewage works. Further, the Owner shall agree in the Subdivision Agreement that the plan or any portion thereof shall not be granted final approval and registered until: i) adequate sanitary sewage is available as determined by the Town and has been allocated, by the Town, to the plan; ii) adequate water supply capacity is available, as determined by the Town, and has been allocated, by the Town, to the plan; And further, the Owner shall agree in the Subdivision Agreement that the Owner shall save harmless the Town and the Regional Municipality of York from any claim or action as a result of water or sanitary sewer service not being available when anticipated. 80

31 Page 31 Appendix D Continue 20. The owner shall agree in the Subdivision Agreement that the sanitary and storm sewers shall be connected and drained to outlets approved by the Ministry of the Environment, the Region of York, the Town of Richmond Hill and where applicable, the Toronto and Region Conservation Authority. 21. The owner shall agree in the Subdivision Agreement that the water distribution system for this draft Plan of Subdivision shall be looped within this draft Plan of Subdivision and with the existing watermain system on the periphery of this draft Plan of Subdivision as necessary, and that allowance shall be made for the future servicing of parcels of land abutting this draft Plan of Subdivision as required by the Town. 22. The Plan of Subdivision or any portion thereof shall not be given final approval for registration until such time as storm and sanitary sewer outlets, water distribution systems, and site access via local and collector road systems are available or other arrangements satisfactory to the Town have been made. 23. The Owner shall agree in the Subdivision Agreement that no building permits will be applied for or issued for any individual lot or block until the Owner has submitted an individual house siting and grading plan and obtained the approval of the Town for such individual lot or block plan showing inter alia, the driveway location(s) within the road allowance and the building(s) on the lot. The Owner shall agree to build in accordance with the approved plan. 24. The pattern of streets and the layout of reserve blocks within this draft Plan of Subdivision shall be designed to align precisely with the pattern and layout for existing plans or any adjoining proposed Plan of Subdivision. 25. The owner shall agree in the Subdivision Agreement: a) to be responsible for the proper drainage within this draft Plan of Subdivision and the effect of such drainage on all lands abutting this draft plan; b) that all lot and block grading plans shall be prepared by the engineer for the owner in accordance with the Town s Design Criteria and Design Standards and to provide individual lot grading plans for each lot on the plan prior to the issuance of building permits; c) that for the purpose of preparation of the overall lot and/or block grading plans and the individual lot grading plans, the owner shall comply with the Town policy with respect to usable yard criteria; d) to develop the lands within the plan in accordance with the approved grading plans and individual lot grading plans; and, 81

32 Page 32 e) that the overall lot and/or block grading plans and the individual lot grading plans shall reflect the Tree Inventory and Management Plan and shall minimize grade changes in areas of trees to be retained. 26. The owner(s) shall agree in the Subdivision Agreement to provide the Town with digital copies of the draft and final Plan of Subdivision and all reference plans in accordance with the Town s digital submission requirements. These plans shall be tied to horizontal control at a minimum of three (3) locations at the extreme corners of the plan. The owner(s) shall agree in the subdivision agreement to provide as built engineering drawings (including tributary areas drawings), in accordance with the digital and hard copy submission requirements specified in Town Standards and shall include the database required to satisfy the Town s Infrastructure Management System. 27. The owner(s) shall contribute towards the cost of supplying and installing horizontal and vertical control and certification by an Ontario Land Surveyor as part of the Town s survey monumentation program. 28. Prior to final approval of the draft plan or any portion thereof, arrangements satisfactory to the Town shall be in place to provide for the following municipal services (at a time and with securities satisfactory to the Town and with the conveyance of the necessary lands or easements for the municipal services to the Town at a time satisfactory to it), which municipal services are in accordance with, or necessarily incidental to the Functional Servicing and Stormwater Management Report (FSSWMR) prepared by David Schaeffer Engineering Ltd.: a) Construction of one primary means public road access from the roads within the draft plan to Arnold Crescent, together with all appurtenant watermain(s), sanitary sewer(s) and storm drainage sewer(s) thereunder; b) Construction of the piped water supply system and appurtenances external to the draft plan, including upgrades to the existing system, for the pressure district servicing the draft plan (to the satisfaction of the Region as well as the Town) and construction of the piped water supply system to service the draft plan, all as outlined in the FSSWMR; c) Construction of the sanitary sewer system and appurtenances external to the draft plan to an established outlet and construction of sanitary sewers and appurtenances to service the draft plan, all as outlined in the FSSWMR; d) Construction of the stormwater system to service the draft plan, including Storm Water Management (SWM) Facilities as shown in the FSSWMR, together with required outlet(s) to the existing watercourse(s) for stormwater management and municipal servicing purposes; and, e) Conveyance of all lands external to the draft plan required for municipal servicing purposes, all as outlined in the FSSWMR. 82

33 Page 33 Appendix D Continue 29. Prior to final approval of the Plan of Subdivision or any portion thereof, the owner shall enter into one or more agreements, satisfactory to the Town, pertaining to the provision of the municipal services referenced in Condition 24, which said agreement(s) shall address, among other things, credits under the Development Charges Act to the satisfaction of the Town. 30. Prior to any grading, stripping or servicing of the lands included within the draft plan, the Owner shall provide a detailed Stormwater Management Report. This report shall be completed to the satisfaction of the Commissioner of Planning and Regulatory Services and shall address: a) the selection of stormwater management source, conveyance, low impact development and end-of pipe practices to be implemented within and external to the draft plan to address water quantity, water quality, and erosion control; b) the protection of groundwater quality and quantity including a water balance analysis and provision of low impact development measures to maintain predevelopment groundwater recharge. c) the stormwater management design, inspection, operation and maintenance procedures and associated costs; and d) monitoring plans, programs, equipment, procedures and associated costs required to address stormwater management performance in accordance with the requirements of the Functional Servicing and Stormwater Management Report (FSSWMR) and the Town. e) erosion and sediment control measures to be implemented before stripping and grading of the subject lands to protect downstream watercourses and environmental features. Such report(s) shall utilize as guidelines the Ministry of the Environment Stormwater Management Planning and Design Manual, and the Town of Richmond Hill Stormwater Management Design Criteria. The Owner shall incorporate the recommendations of this report into the applicable engineering plans to be prepared for approval by the Commissioner of Planning and Regulatory Services. The Owner shall agree in the subdivision agreement to implement the recommendations of the Stormwater Management Report and to undertake the performance monitoring program specified in this Report and to provide appropriate securities to carry out or cause to be carried out the performance monitoring program. 31. The Owner shall agree in the subdivision agreement: 83

34 Page 34 a) to demonstrate that, prior to assumption of municipal services, all stormwater management facilities are performing in accordance with their approved design to the satisfaction of the Commissioner of Planning and Regulatory Services; b) to satisfy the quality and quantity performance monitoring requirements during construction and for assumption specified in the Town of Richmond Hill Stormwater Management Design Criteria; 32. The owner shall engage the services of a certified noise consultant to complete a noise study recommending noise control features satisfactory to the Town, the Regional Transportation and Works Department and in accordance with Ministry of the Environment and Energy noise guidelines. 33. The owner shall agree in the Subdivision Agreement that the noise control features recommended by the study referred to in Condition 28, shall be implemented as approved. Prior to final approval of the Plan of Subdivision, a copy of the fully executed Subdivision Agreement shall be forwarded to the Regional Transportation and Works Department. 34. Where the noise study has determined that a noise level of between 55 dba to 60 dba will remain, despite the implementation of the recommendations of that study, the following warning clause shall be included in the registered Subdivision Agreement with respect to the lots or blocks affected: "Purchasers are advised that despite the inclusion of noise control features within the development area and within the individual building units, noise levels may continue to be of concern, occasionally interfering with some activities of the building occupants." Such clause shall be required to be included in all offers of purchase and sale for the lots or blocks affected. 35. Where the noise study has determined that noise attenuation fences will be constructed onto lots or blocks within the plan, the following warning clause shall be included in the registered Subdivision Agreement with respect to the lots or blocks affected: "Purchasers are advised that where noise attenuation fences are shown on the plans attached to the Subdivision Agreement with the Town (Schedule B"), it is the requirement of the Town that such noise attenuation fences be constructed on private property and that they be maintained by the individual owner of the lot(s) or block(s) to the satisfaction of the Town." Such clause shall be required to be included in all offers of purchase and sale for the lots or blocks affected. 84

35 Page 35 Appendix D Continue Policy Planning Division Parks Planning and Natural Heritage Section 36. The Owner agrees that no trees, vegetation or environmentally significant features within the draft plan shall be removed or altered without the written consent of the Town. Further, in the event that any trees, vegetation or environmentally significant features within the draft plan are removed or altered without the written consent of the Town, the Owner shall restore the lands and/or provide compensation to the municipality as required by the Town. 37. Prior to registration of the Plan, the Owner shall submit a Tree Inventory and Preservation Plan completed consistent with the Town s guidelines for the preparation of such reports and to the satisfaction of the Town. The Owner shall agree in the site plan agreement applicable to the subject lands, to implement the recommendations of Tree Inventory and Preservation Plan finally approved by the Town, to pay all costs associated with implementation, to replace the loss of tree cover either through replanting and/or cash-in-lieu of planting, and provide associated securities upon request to guarantee undertaking of the work. 38. Prior to execution of the Subdivision Agreement, the Owner shall prepare and submit for approval by the Town a Landscape Plans, which will provide for: A. Landscaping traffic islands and circles; B. Boulevard/street trees; C. Entrance features D. Any landscaping indicated in the applicants IGMS/Sustainability Metrics proposal, specifically street trees; E. Tree cover replacement; and F. Any other specific landscaping required. The Owner shall agree in the subdivision agreement to implement the Landscape Plans as finally approved by the Town, to pay all costs associated with implementation, and to provide associated securities as requested to guarantee undertaking of the work. 39. The Owner shall agree in the subdivision agreement that topsoil used throughout the Plan will be fertile and consistent with Town standards. Further, the Owner shall confirm that such is the case by submitting reports and soil test results as requested by the Town. If the results of the reports and soil tests indicate that the topsoil is not fertile and/or does not meet Town standards, reports must recommend how the topsoil should be amended to meet such requirements. 85

36 Page 36 Region of York 40. The road allowances included within this draft Plan of subdivision shall be named to the satisfaction of the Town of Richmond Hill and York Region. 41. Prior to final approval, York Region shall confirm that adequate water supply and sewage servicing capacity area available and have been allocated by the Town of Richmond Hill for the development proposed within this draft plan of subdivision or any phase thereof. Registration of the plan of subdivision shall occur in phases based on the availability of water supply and sewage servicing allocation. 42. The Owner shall enter into an agreement with the Region wherein the Owner shall save harmless York Region from any claim or action as a result of water or sanitary sewer service not being available when anticipated. 43. Prior to final approval, the engineering drawing showing the layout of the watermains and sewers shall be submitted to the Infrastructure Asset Management Branch for review. 44. In the event that there is no means of servicing the proposed development through the Town of Richmond Hill s water or wastewater system, the Owner shall enter into an agreement with the Region wherein the Owner shall agree that any direct connection (temporary or permanent) to a York Region water or wastewater system requires Regional approval prior to construction, and engineering drawings showing details of the connection shall be submitted to the Infrastructure Asset Management Branch for approval. 45. Prior to final approval, the Owner shall agree to revise the Transportation Demand Management (TDM) Plan, to the satisfaction of the Region. The TDM plan shall include the following: A communication strategy shall be provided to communicate and notify the Region and the Town of Richmond Hill to effectively deliver the Information Packages and pre-loaded Presto Cards to residents. This strategy shall also include a physical location for distribution of the Information Packages and preloaded Presto Cards. A TDM recommendations checklist that summarizes the programs and measures, responsibility of the applicant, and the estimated costs for these recommendations. 46. Prior to final approval, the Owner shall provide a copy of the Subdivision Agreement to the Regional Corporate Services Department, outlining all requirements of the Corporate Services Department. 86

37 Page 37 Appendix D Continue 47. The Owner shall enter into an agreement with York Region, agreeing to satisfy all conditions, financial and otherwise, of the Regional Corporation; Regional Development Charges are payable prior to final approval in accordance with By-law No Ministry Of Culture 48. Prior to final approval, and prior to the initiation of any grading, the Owner shall carry out an archaeological assessment of the entire area within this draft plan of subdivision and shall prepare a report which will identify significant archaeological sites to the satisfaction of the Town of Richmond Hill and the Archaeology and Heritage Planning Unit of the Ministry of Culture. 49. The Owner shall agree in the subdivision agreement that no development or grading shall occur on any site identified as being archaeologically significant by the assessment referred to in Condition 48, until archaeological excavations of all significant sites within any phase for which final approval is sought has been carried out to the satisfaction of the Town of Richmond Hill and the Archaeology and Heritage Planning Unit of the Ministry of Culture. Clearance Conditions 50. Final approval for registration may be issued in phases provided that: (a) all government agencies agree to registration by phases and provide clearances as required in Conditions 51 to 53, inclusive; clearances will be required for each phase proposed for registration by the Owner; furthermore, the required clearances may relate to lands not located within the phase sought to be registered. 51. The Town of Richmond Hill shall advise that Conditions 1 to 39 inclusive have been satisfied; the clearance letter shall contain a brief statement detailing how each condition has been met. 52. The Regional Planning and Development Services Department shall advise that Conditions 40 to 47 inclusive have been satisfied; the clearance letter shall contain a brief statement detailing how each condition has been met. 53. The Ministry Culture shall advise that Conditions 48 to 49 inclusive have been satisfied; the clearance letter shall contain a brief statement detailing how each condition has been met. NOTE: Where final approval for registration has not been given within three (3) years after the date upon which approval to the proposed Plan of 87

38 Page 38 Subdivision was given, The Town of Richmond Hill may, in its discretion, and pursuant to the Planning Act, R.S.O. 1990, withdraw its approval to this proposed Plan of Subdivision, unless approval has been sooner withdrawn, but The Town of Richmond Hill may from time to time extend the duration of the approval. In accordance with Section 51(41) of the Planning Act, R.S.O. 1990, the decision to approve the draft Plan of Subdivision, subject to the above conditions, is deemed to have been made on. Ana Bassios Commissioner of Planning and Regulatory Services The Town of Richmond Hill DATE: 88

39 Page 39 Appendix E Schedule of Conditions Common Element Condominium Draft Plan of Condominium Laurier Homes (Richmond Hill) Inc. Lot 4, Plan 3267, Part of Lot 46, Concession 1, W.Y.S. Town of Richmond Hill Town File Number: D CDM(R)-15r07 The Conditions Of The Council Of The Town Of Richmond Hill To Be Satisfied Prior To The Release For Registration Of Plan Of Condominium 19cdm(R)-150r07, Town Of Richmond Hill, Are As Follows: Town of Richmond Hill Planning and Regulatory Services Department (Development Planning Division) 1. Approval shall relate to a Draft Plan of Condominium prepared by Schaeffer Dzaldov Bennett Ltd., Ontario Land Surveyors, Reference No.: E, dated January 26, Prior to final approval, the Owner shall enter into a Site Plan Agreement with the Town which is to be registered in the Land Registry Office of the Land Titles Division of York Region. The Owner shall fulfill Site Plan provisions pertaining to said Agreement, to the satisfaction of the Commissioner of Planning and Regulatory Services. 3. The Owner shall enter into a Condominium Agreement, if required to do so by the Town which shall be registered on title and to the satisfaction of the Town Solicitor, in priority to all other claims or interest. 4. The Owner shall submit plans of Condominium pre-approved by the Land Registry Office, satisfactory to the Town, prior to final approval of the Plan of Condominium. 5. Prior to final approval, the Owner shall, if required to do so by the Town, submit to and obtain the approval of the Town for the form and content of the Condominium Description and Declaration and the Owner shall incorporate into the Plan and Declaration under Section 7 of the Condominium Act, 1998, all right(s)-of-way and easements for vehicular access, on-site traffic circulation, municipal servicing or utility servicing to the satisfaction of the Town. 89

40 Page 40 Planning and Regulatory Services Department (Regulator Services Division) 6. Prior to final approval of the Plan, the Owner shall provide the Town with evidence in the form of an Architect s Certificate or other certification, satisfactory to the Town, stating that all buildings are substantially completed to the extent that all boundaries of the units to be created have been constructed. 7. Prior to final approval of the Plan, the Owner shall provide the Town with evidence in the form of an Ontario Land Surveyor s Certificate stating that all buildings have been located on the ground in accordance with the Site Plan contained in the said Site Plan Agreement pursuant to Condition No Prior to final approval of the Plan, the Owner shall have fully complied with all orders issued pursuant to the Building Code Act, 1992 and shall have completed all work necessary to correct any building deficiencies related to said order to the satisfaction of the Town. Planning and Regulatory Services Department (Development Engineering Division) 9. Prior to final approval of the Plan, the owner shall provide the Town with evidence in the form of Engineer s Certificate stating that all grading, drainage, above and below ground services, asphalt paving, concrete works and demarcation of parking spaces within the Common Element Condominium area, and any other matters required to support the development of the lands within the Plan, including but not limited to, any retaining walls, low impact development features that are to be located within the Parcels of Tied land and are to be secured with easements in favour of the Condominium Corporation, have been substantially completed in accordance with the plans and conditions in the said Site Plan Agreement pursuant to Condition No. 2. To guarantee completion of the aforesaid work, the letter of credit secured through the site plan agreement will be kept in full force by the Town. 10. The Owner shall file with the Town, certification from a Professional Engineer or Ontario Land Surveyor that all necessary easements required to service the lands and buildings within the Plan and any adjoining lands (if such adjoining lands were, at any time, a single parcel of land within the Plan) for but not limited to, access, parking, water, sanitary and storm sewer, structural support and maintenance have been granted or will be granted upon registration of the Condominium Declaration, together with a certification from a solicitor authorized to practice in Ontario that a reciprocal operating and cost-sharing agreement that deals with mutual easements for the provision of services, lateral support and access for installation and maintenance of services will be in place and will bind the landowner and condominium corporation to be created on the subject lands by registration of a Condominium Declaration. 90

41 Page 41 Planning and Regulatory Services Department (Parks and Natural Heritage Section) 11. The Owner shall agree within the condominium declaration to be responsible for maintenance of all landscaping within a Parcel of Tied Land (POTL) or Common Elements. 12. The Owner shall agree within the condominium declaration to make provisions for the ongoing maintenance of all common element landscape areas. 13. The Owner shall agree within the condominium declaration to make provisions for the ongoing maintenance of all common element landscape areas. Corporate & Financial Services 14. Prior to final approval, the Owner shall pay the applicable Release Fees to the satisfaction of the Town. 15. The Owner shall pay any outstanding taxes owing to the Town. 16. The Owner shall pay any outstanding Local Improvement charges owing against the subject lands. Powerstream Inc. 17. Prior to final approval, the Owner shall satisfy all requirements of Power Stream Inc. Canada Post 18. Prior to final approval, the Owner shall satisfy all requirements of Canada Post. Enbridge 19. Prior to final approval, the Owner shall satisfy all requirements of Enbridge Gas Distribution. Clearance Conditions 20. The Town of Richmond Hill shall advise that Conditions 1 to 16 inclusive, have been satisfied. The clearance letter shall include a brief statement detailing how each condition has been met. 21. Powerstream Inc. shall advise that Condition 17 has been satisfied. The clearance letter shall include a brief statement detailing how the condition has been met. 22. Canada Post shall advise that Condition 18 has been satisfied. The clearance letter shall include a brief statement detailing how the condition has been met. 23. Enbridge shall advise that Condition19 has been satisfied. The clearance letter shall include a brief statement detailing how the condition has been met. 91

42 Page 42 In accordance with Section 51 of the Planning Act, R.S.O. 1990, the decision to approve the draft Plan of Condominium, subject to the above conditions, is deemed to have been made on. Ana Bassios Commissioner of Planning and Regulatory Services DATED at Richmond Hill this day of, Note: Where Final Approval For Registration Has Not Been Given Within Three (3) Years After The Date Upon Which Approval To The Proposed Plan Of Condominium Was Given, The Town Of Richmond Hill May, In Its Discretion And Pursuant To The Planning Act, R.S.O. 1990, Withdraw Its Approval To This Proposed Plan Of Condominium, Unless Approval Has Been Sooner Withdrawn, But The Town Of Richmond Hill May, From Time To Time, Extend The Duration Of The Approval. 92

43 Page 43 Map 1 Schedule A2 Official Plan 93

44 Page 44 Map 2 Schedule A9 Official Plan 94

45 Page 45 Map 3 Existing Zoning 95

46 Page 46 Map 4 Gateways and Landmarks, Richmond Hill Downtown Design and Land Use Strategy 96

47 Page 47 Map 5 Potential Pedestrian and Vehicle Connections, Richmond Hill Downtown Design and Land Use Strategy 97

48 Page 48 Map 6 Schedule 1 Draft Downtown Secondary Plan 98

49 Page 49 Map 7 Schedule 3 Draft Downtown Secondary Plan 99

50 Page 50 Map 8 Schedule 5 Draft Downtown Secondary Plan 100

51 Page 51 Map 9 Schedule 6 Draft Downtown Secondary Plan 101

52 Page 52 Map 10 Proposed Concept Site Plan 102

53 Page 53 Map 11 Previous Concept Site Plan 103

54 Page 54 Map 12 Proposed Concept Semi-Detached Elevations 104

55 Page 55 Map 13 Proposed Concept Townhouse Elevations 105